Defendant

The appeal filed by A and the appeal filed by the prosecutor against the defendant A and B shall be dismissed, respectively.

The judgment below

Defendant C.

1. Summary of grounds for appeal;

A. The sentence sentenced to Defendant A (unfair sentencing) against Defendant A (one year of imprisonment, etc.) is too unreasonable.

B. The sentence sentenced to the prosecutor (unfair sentencing) against the Defendants (such as Defendant A’s 3 years of imprisonment, Defendant B’s 1 year of suspended sentence, etc., Defendant C’s 2 years and 6 months of suspended sentence, etc.) is deemed to be too uneasible and unfair.

2. Determination

A. The lower court sentenced Defendant A to three years, etc. to Defendant A, in consideration of the following: (a) the victim, who is merely 11 years of age, has sexual intercourse as the object of resolving his/her sexual desire; (b) the nature of the crime is inferior; (c) the victim and his/her parents, who have yet been mentally and physically injured due to each of the crime, had a big mental impulse and psychological distress; (d) the victim had an adverse impact on the formation of the victim’s sound sexual values and identity; and (e) the victim’s parents, who want to be punished against Defendant A, sentenced the Defendant to three years of imprisonment, etc.; and (c) the sentencing guidelines applicable to Defendant A, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (d) the sentencing guidelines applicable to the sentencing guidelines set forth in the arguments, including the circumstances after the crime, are two years and six months to seven months, as stated in the lower court’s reasoning.

In full view of the fact that it is reasonable to respect the sentencing of the first instance court where the sentencing is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the sentence imposed by the lower court cannot be deemed to be too weak or unreasonable.

Therefore, the defendant A and prosecutor's argument of sentencing is without merit.

B. Defendant B’s crime of this case committed by Defendant B is the subject of the victim who was only 11 years of age to resolve his sexual desire, and is not guilty of committing an indecent act twice, and it is still due to each of such crimes.