아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for five years.
80 hours per the defendant.
1. The decision of the court below on the gist of the grounds for appeal (such as imprisonment with prison labor for a period of six years) is too unreasonable.
2. The Defendant’s crime of this case was committed by force over 10 times in several years against the victim E, who is a juvenile with the age known to him/her, and committed an indecent act by force over several times in which the victim E, who is the victim’s friendship, was committed by force, and the crime and the nature of the crime were not less than that of the victim E, and the mental shock that the victim was experienced due to the Defendant’s crime of this case was likely to have a negative impact on the sound sex awareness development. In light of the above, it is inevitable to punish the Defendant with severe punishment equivalent to his/her responsibility.
On the other hand, the circumstances should be favorable or taken into account to the defendant, such as the fact that the defendant has been found guilty of his mistake and seriously against himself, the method and degree of indecent act in compulsory indecent act are relatively excessive, the fact that the victim G has agreed smoothly with the victim G, the fact that there is no record of criminal punishment, the fact that the defendant has grown in a very poor family environment, and that he has served as a postal administration public official for 37 years thereafter, and that he has served in good faith.
In addition, in full view of the following conditions, such as the Defendant’s age, sex, environment, motive or background of the offense, means and method of the offense, contents and result of the offense, the circumstances after the offense, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the lower court against the Defendant is unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.
[Grounds for the new judgment] The summary of facts constituting an offense and evidence recognized by the court is an inquiry of the judgment of the court below.