Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
Judgment
The fact that there is no criminal record against the defendant, and that the defendant recognized the crime of this case and reflected his mistake, etc. are favorable to the defendant.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant took the breath of a person under the influence of alcohol into the telecom and made quasi-rapeing, and that the responsibility for such crime is very heavy, and that the victim seems to have suffered mental suffering with considerable sexual humiliation, and that the defendant did not receive a letter from the injured person.
On the other hand, if there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
Therefore, in full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, family relation, motive and consequence of the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines of the Supreme Court and the opinion of the jury of the court below's sentencing, it is not determined that the sentence of the court below is heavy or unfeasible.
Therefore, the defendant and the prosecutor's argument are without merit.
In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.