Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten
Defendant
In this case where a probation order requester (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
2. When comprehensively considering various circumstances indicated in the records, such as the Defendant’s age, happiness, environment, motive and consequence of each of the instant crimes, the court below’s maintenance of the first instance judgment ordering the Defendant to be put on probation for three years in view of the risk of recidivism of sexual crimes, on the grounds as stated in its reasoning, is justifiable, and there is no error in the misapprehension of the grounds of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.