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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for three years.
except that this judgment.
Reasons
The lower court dismissed the prosecutor’s claim regarding the part of the Defendant’s case for which protection observation order was requested while pronounced guilty, and only the Defendant appealed against this.
Therefore, the part of the judgment below regarding the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., since there is no benefit of appeal. The scope of the judgment of this court is limited to the part of the
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the completion of a sexual assault treatment program for three years and 80 hours) is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the crime of this case committed by the Defendant is under 15 years of age, and is still subject to protection so that it can grow as a sexual member of the society, and is committed similar sexual intercourse by paying a large amount of money through a smartphone dialogue program, and by assaulting and intimidation the victim's timber who refuses sexual intercourse in order to rape the victim without sexual interest, while the victim escaped, it is very poor and heavy in light of the background, object, method, etc. of the crime, and the victim appears to have suffered severe fear and sexual humiliation, and the victim is likely to suffer serious difficulty in creating a smooth personality, social adaptation, sound sexual identity and value formation, etc. in the future.
On the other hand, however, the defendant had been detained in the court below as the case in which he had been detained in the court below for more than three months, and has committed rape.