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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of three years and six months, and a short of three years) of the lower court is too unreasonable.
2. There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant is still a juvenile of 16 years of age, the suspension of indictment due to special larceny, or the violation of juvenile protective disposition due to the crime of robbery, there is no record of criminal punishment except for the juvenile protective disposition, the high school was set aside in a difficult home environment under alone, and the fact that the series of crimes of this case was concentratedly prevented for a few months since the withdrawal from home, and the fact that the mistake was divided, and that a total of KRW 8.7 million was deposited for the victim of the sexual crime of this case.
However, even considering all the above circumstances, it is difficult to avoid the serious punishment due to the nature of the crime in light of the background, method, and frequency of the crime, the age of the victim, the degree of damage, etc.
In addition, under the lead of the defendant, the defendant spawn together with his accomplices in group, hacks pipe, camping-out net, knife the body of the victim, and knife so that he can drinks, such as cigarette butts, racks, etc., and has inflicted serious harsh treatment on computers, money, etc. several occasions. The victim suffered extreme physical and mental suffering from the above defendant's sexual and physical abuse, and the victim seems to have not completely recovered from his wife.
Furthermore, in light of various sentencing conditions indicated in the records, such as the Defendant’s character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., it seems that the lower court’s sentence against the Defendant is unreasonable because it is too unreasonable.