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The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
The punishment against A shall be four years, and the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., 5 years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 3 years and 6 months of imprisonment, 80 hours of order to limit employment, 80 hours of order to complete a sexual assault treatment program, 3 years and 6 months of order to limit employment, 4 years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 3 years of order to limit employment, 80 hours of order to limit employment, 3 years of order to limit employment, etc.
2. Where there is no change in the conditions of sentencing compared to the first instance court in the appellate court’s judgment on Defendant C, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the Defendant, there is no meaningful change in the sentencing conditions compared to the lower court in the appellate trial.
The defendant appears to have an attitude to reflect the mistake while making a confession of the crime of this case, and the fact that the defendant has no record of punishment for the same crime is favorable to the defendant.
However, it is not good that the defendant has sexual intercourse with the victim E by taking advantage of the victim E, who is a child or juvenile, under the influence of alcohol, and was unable to resist, and the crime of this case was committed by the victim E, and the victim E suffered serious physical and mental shock and pain due to the defendant's criminal act of this case, the defendant cannot be deemed to have made a serious effort to recover the damage of the victim E, and the victim E was punished with severe punishment for the defendant, the defendant was sentenced to a suspended sentence of three years and six months for special robbery on August 20, 2014, and was sentenced to a suspended sentence of three years for a period of imprisonment for a crime of special robbery on or around October 24, 2017, and was sentenced to eight months for a violation of the Military Service Act, etc. on or around March 16, 2018, and again committed the crime of this case during the period of repeated crime.