Text
The judgment below
The part of the defendant's case shall be reversed.
Defendant
In addition, the person against whom the attachment order is requested shall be sentenced to one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. Prosecutor 1) In light of the fact that the sentence of the lower court on unreasonable sentencing is too uneasible and unfair, and that the crime of this case, which was committed in itself by improper exemption from disclosure and notification order, is more severe and its nature is poor, it is unreasonable for the lower court to exempt the disclosure and notification order.
3. It is improper that the court below dismissed the defendant's request for attachment order of this case, which was improper to dismiss the request, despite the risk of recidivism.
2. Determination
A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime is highly likely to be committed on the part of the Defendant and the prosecutor, based on the victim’s age, the victim’s sexual organ, which is merely 16 years of age as a male high school student within his/her own operation, and the victim’s sexual organ was forced by compulsion, such as omitting the victim’s sexual organ due to his/her entrance, etc., and the victim’s age, the part and degree of the indecent act, etc.
In addition, due to the above crime, the victim was suffering from severe mental impulse and pain and was under mental treatment.
These points are disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the confession and reflect of the crime of this case, and the defendant seems to have committed the above crime contingently, and that the court below deposited 1.5 million won for the victim in the court below, and agreed with the victim and the parent of the victim smoothly, and that the defendant did not have any record of criminal punishment before the case, and that the defendant suffered from the old age of 71 and the military register disease, and that the health is not good, etc. are favorable to the defendant.
The grounds for sentencing as above, various circumstances revealed in the arguments in this case, including the character, conduct, family relationship, environment, circumstances and degree of crime, and circumstances after the crime, and the Sentencing Committee of the Supreme Court are determined.