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Defendant
In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the requester for a probation order (hereinafter “Defendant”) are unreasonable in the part of the Defendant’s case: The sentence of imprisonment (one year and three months, etc.) by the lower court is too unreasonable. 2) The part of the Defendant’s claim for a probation order is planned to work as the crew of the fishing vessel at the proposal after release, and it becomes impossible when receiving a probation order, and thus, the prosecutor’s request for a probation order should be dismissed.
B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.
2. Determination
A. As to the part of the Defendant case, the relevant legal doctrine refers to the case where the sentence of the lower court is too heavy or too minor in light of the content of the specific case. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in the event that the lower court’s sentencing judgment is deemed to have exceeded the reasonable bounds of the discretion, or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing hearing, or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials established in the course of the appellate court’s sentencing hearing, the appellate court should reverse the unfair judgment of the lower court (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2)
A. Of the instant crimes, the part of indecent act by compulsion was committed by the Defendant by indecent act by force by using the victim’s buckbucks in hand at the night, and the victim was the juvenile under the age of 14 and was punished several times for sexual crimes.