beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the court below (the order to complete a sexual assault treatment program for 8 months and 20 hours on the crimes set forth in the holding 1 year of imprisonment with prison labor for the crimes set forth in the holding 1 year of suspended sentence of March, 200) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The conditions favorable to the defendant shall be as follows:
In other words, the defendant recognized all of the crimes of this case in the past in the judgment of the party, and is against the mistake.
The offense No. 1 of the ruling should be considered when a judgment is pronounced simultaneously with the concurrent crimes after Article 37 of the Criminal Act.
The circumstances unfavorable to the defendant are as follows:
In other words, the defendant committed an indecent act against female employees aged 20 years or older and transmitted obscene letters. In light of the fact that many victims are the victims, the crime continues to exist one month, and the obscenity of photographs and text messages sent by the defendant, etc., the crime of sexual assault is not less than that of the crime.
The crime of fraud No. 2 of the ruling is highly needed in that the defendant is a second offense after having been sentenced to a punishment for the same kind of crime.
The Defendant did not reach an agreement with the victims of each of the crimes of this case and did not receive a letter of commitment.
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, relationship with victims, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
All of the arguments of the defendant and the prosecutor cannot be accepted.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.