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Defendant
In addition, all appeals filed by a person subject to probation order and a prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person requesting a probation order (hereinafter “Defendant”) 1, the person claiming a mental health order, and the person claiming a probation order (hereinafter “Defendant”), were in a state of mental and physical disability due to depression and exploitation at the time of each crime. 2) The sentence (one year of imprisonment) sentenced by the lower court against the Defendant is too unreasonable.
B. Prosecutor 1) An improper assertion that the lower court dismissed the Defendant’s request for a probation order against a probation order is unreasonable. 2) The sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. Determination
A. In light of the circumstances and methods of each of the crimes of this case, the contents, and the defendant's behavior before and after each of the crimes committed by the court below, which are acknowledged by the evidence adopted and investigated by the court below as to the defendant's mental suffering, the court below's rejection of the defendant's assertion is just in rejecting the defendant's above assertion, and the defendant's assertion is without merit.
B. The lower court rejected the instant request for probation order by taking account of the circumstances acknowledged by the evidence adopted and investigated by the prosecutor’s request for probation order, namely, the fact that the Defendant had no record of punishment for other sex offenses, and the Defendant’s risk of recidivism as a result of evaluation of recidivism by Korean sex offenders. The lower court recognized as above. In addition, the Defendant committed an indecent act against a female juvenile who has been severely damaged in the state of drinking, and the Defendant prevented a female juvenile from committing an indecent act not in the motive to stimulate, arouse, and satisfy his sexual desire, but in the aspect of complete performance. In so doing, the lower court committed an indecent act by assaulting a female juvenile who has been victimized by sexual assault.