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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the sentence imposed by the court below (the probation period of three years and protection probation period of two years and six months, community service for 80 hours, and lecture for sexual assault treatment for 80 hours) is too uneasy and unfair.
Judgment
Examining the various sentencing conditions in the instant case, the crime of this case was committed by the Defendant in collusion with B in order to commit rape against the victim under the influence of 15 years of age at the house of B at the night, and was committed by the Defendant, in view of the background, method, age, etc. of the crime, etc., the nature of the crime is very poor and heavy in light of the background, method, and age, etc. of the victim, and the victim appeared to have suffered serious mental impulse and sexual humiliation, and there is a possibility that the victim would have suffered serious difficulties in creating a smooth personality, social adaptation, sound sexual identity and values, etc., and there was a bad attitude and circumstance after the Defendant committed the crime (the Defendant committed the crime of this case by denying the full rejection of the crime at the time of the police investigation).
In order to conceal a crime, the Defendant made a false statement, and the Defendant committed a crime in the instant case without being aware of the fact that he/she did not take care of the protection observation period and committed a crime in the instant case against the Defendant, even though he/she received a protective disposition such as short-term protection observation (1 year) on June 7, 2017 from around December 2016 to around September 2017.
However, the defendant's perception of committing the crime of this case and reflects the defendant's depth in depth, and the victim B (Tgu is sent to the Juvenile Department of the Court of Court) and his male-friendly Gu are in mind.