성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below (excluding the part dismissing an application for compensation) shall be reversed.
A defendant shall be punished by imprisonment for four years.
(b) the defendant;
The court's scope of adjudication is to determine the whole guilty of the accused case, and to accept the prosecutor's request concerning the case of request for attachment order, but the prosecutor's request concerning the case of probation order was dismissed, and the defendant and the respondent for attachment order (hereinafter referred to as "defendant") filed an appeal, and there is no benefit of appeal as to the part of request for probation
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, the part of the request for probation order is excluded from the scope of the judgment of this court.
In addition, an applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Since the court below's rejection of the application for compensation order by the applicant for compensation became final and conclusive immediately, the rejection of the application for compensation order is excluded from the scope of the
Summary of Grounds for Appeal
The punishment sentenced by the court below (five years of imprisonment, etc.) is too unreasonable.
Judgment
The crime of this case in part of the defendant's case was committed against the defendant's wife who resides in the same lending building and who is only five or six years of age at the time of committing the crime against the victim B, who is merely five or six years of age at the time of committing the crime, and the body part of the above victim's body, which may cause sexual humiliation or shame against the victim's will, was taken to transmit it to the victim's cell phone, and infringed upon the victim F's spouse's house. In light of the crime's circumstances, contents and frequency, etc., each of the crimes in this case is heavy, and the crime was committed against the defendant. The victim B appears to have suffered considerable physical and mental pain, and the defendant has been punished several times due to sexual assault crimes, etc.