성폭력범죄의처벌등에관한특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the only defendant appealed on this issue, and thus there is no benefit of appeal as to the part of the attachment order.
Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order case shall be excluded from the scope of the judgment of this court.
2. The sentence imposed by the lower court (seven years of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.
3. The Defendant habitually committed indecent acts and quasi-rapes against the victims aged under his protection and supervision in order to meet his sexual desire. Thus, the crime of this case is not good in light of the relationship between the Defendant and the victims, the victims’ age, the repetition of the crime, the background of the crime, the attitude of the crime, the circumstances after the crime, etc. The victims and their guardians appear to have caused considerable sexual humiliation and mental impulses. In particular, the victims are likely to have a negative impact on the formation of a correct sexual identity and values and the growth of healthy members of society.
However, unlike the court below, the defendant recognized all of the crimes of this case in this court, and reflects his mistake in depth, and the defendant agreed with the victims by paying a considerable amount of money to the victims as agreed money, and both the victims and their legal representatives did not want the punishment of the defendant. The defendant is the primary offender, and the defendant's age, sex, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime.