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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed on Defendant A (the imprisonment of two years, the suspension of execution of four years, the lecture for sexual assault treatment of 80 hours, the community service of 120 hours) of the original judgment against Defendant A is too unreasonable.
B. The above sentence of the court below against the Defendants by the prosecutor is too unfasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendants, at the first time on the day of the instant case, with the victim’s attempted to engage in sexual intercourse by using the victim’s full-time withdrawal. In light of the details and method of the crime, and the relationship with the victim, the crime and the liability are heavy.
Nevertheless, the Defendants continued to evade their responsibilities for more than one year from the date of the instant crime. Defendant B was immediately indicted, and Defendant A committed a mistake after prosecution. The victim appears to have received a large mental impulse with the instant crime as well as a considerable sense of sexual humiliation.
However, there are favorable circumstances for the Defendants, such as: (a) the Defendants were both aware of their mistakes; (b) agreement between the Defendants and the victim was made; (c) the Defendants did not want the punishment of the Defendants; and (d) the Defendants appears to have committed the instant crime in a somewhat contingent and contingent manner; (b) each crime was committed in an attempted crime; (c) Defendant A was the primary offender; (d) Defendant B was punished by a fine on one occasion, without any other criminal records; and (e) Defendant B’s family members and the branch members want to repeatedly take the measures against the Defendants.
The circumstances and crimes of this case are as follows.