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All appeals filed by the prosecutor against the defendant and the requester of the protective observation order are dismissed.
Reasons
The main point of the grounds for appeal is that each sentence (for Defendant A, three years of imprisonment, five years of suspended execution, two years of observation of protection, 40 hours of lectures to treat sexual assault, confiscation / Two years and six months of suspended execution, five years of probation, five years of observation of protection, and 40 hours of taking lectures to treat sexual assault) sentenced by the court below to the defendant and the requester of the order to observe the protective order (hereinafter referred to as “defendant”) is too uneasible and unfair.
Judgment
Examining the various sentencing conditions in the part of the case against the Defendant, the crime of this case was committed by the Defendants, along with the victim who met at a club, and was sexually sexually sexually sexually sexually committed by the Defendants, and Defendant A took the face of sexual intercourse in Defendant B with a cell phone and transmitted it to Defendant B. The crime was committed in light of the nature and method of the crime, the relationship with the victim, etc., and the fact that the nature of the crime and the criminal circumstances are bad and heavy, and the victim seems to have caused serious mental impulse and sexual humiliation, and the victim appears to have caused serious humiliation and sexual humiliation, are disadvantageous to the Defendants.
However, the defendants appear to reflect in depth on the whole of the crimes, and the judgment of the court below shows that the victim does not want the punishment of the defendants, that defendant A does not have any criminal record, and the defendant B has no criminal record, except for the crime of violation of the Road Traffic Act (accident after accident), and that there is a need to give the defendants an opportunity to repeat as a healthy member of society as the 20 college students. The defendants are detained for more than 6 months in this case, and both of the defendants seem to have been detained for more than 6 months, and the time of reflective and self-esteem is considered to have been reached. The defendants have a smooth family life together with their parents and appeal against their family members, and it is relatively clear social ties relation is favorable to the defendants.
As above, the Defendants are the defendants.