beta
Text
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
With respect to the punishment (10 years of imprisonment) sentenced to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant"), the defendant asserts that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.
Examining various sentencing conditions indicated in the records, such as age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., in light of the following: (a) the lower court’s punishment of imprisonment with prison labor for up to 10 years is too heavy or it is difficult to escape the destruction of the sentence because of the following circumstances: (b) the lower court’s continuous sexual intercourse or indecent act from the elementary school student’s school; and (c) the victim and his family members want to be punished with severe punishment; and (d) the victim and his family members want to be punished with severe punishment; and (e) there are more favorable circumstances, such as the fact that there was no history of sexual crime against the Defendant; and (e) the victim and his family members expressed in the records.
In a case where a public prosecutor filed an appeal against the Defendant regarding the part regarding the claim for attachment order, it shall be deemed that a public prosecutor filed an appeal regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, the public prosecutor’s petition of appeal or the grounds of appeal are not stated in the grounds of appeal, and even if examining the judgment of the court below, there is no ground for reversal
In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.