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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (unfair punishment)’s imprisonment (six years of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court on the part of the Defendant’s case (e.g., e., e., e., e., e., e., e., e., e., e., 6-year location tracking device attachment order, which the lower court sentenced in light of the Defendant’s recidivism possibility, is too short
2. Determination
A. Where there is no change in the conditions of sentencing compared to the judgment of the court below on the part of the defendant case, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court took into account favorable circumstances, such as ① the following: (a) the Defendant’s mistake is divided; (b) there is no history of criminal punishment; and (c) the Defendant accompanied by violent speech and expression; and (d) the Defendant committed several indecent acts; and (b) even the Defendant committed similar acts, such as anti-gratory intercourse and oral intercourse, etc., by taking into account the following factors: (a) the crime shown in the applicable criminal law, recovery, and outcome; (c) the fact that the crime in this case appears to be very poor; (d) the victim was unable to be used by the victim; and (d) the victim’s side did not want the Defendant’s severe punishment; and (e) the Defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the crime; and (e) the Defendant’s punishment was determined by comprehensively taking into account various conditions, such as punishment against the Defendant.
In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.
Furthermore, the defendant and the prosecutor are in this court.