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Defendant
In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below (one year of imprisonment, etc.) is too unreasonable for the defendant and the person who requested an attachment order or the person who requested a probation order (hereinafter “the defendant”).
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. Determination on the part of the defendant's case
A. The sentence of unfair sentencing refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.
Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.
In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
In light of the favorable circumstances of the defendant, the court below confirmed that ① all of the crimes of this case are recognized by the defendant, ② the defendant's intelligence and recognition ability, etc. are somewhat falling off compared to the average person. These points are likely to have been partly affected by the crime of this case. ③ The victim was given monetary compensation from the defendant, and the victim did not want to be punished against the defendant; ③ the crime of this case was committed under the unfavorable circumstances, ① by force by attracting the victim with intellectual disability as his mother, and sexual intercourse with the victim repeatedly.