아동ㆍ청소년의성보호에관한법률위반(준강간등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for nine months.
except that this judgment.
1. Summary of grounds for appeal;
A. The sentence of imprisonment imposed by the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) by the lower court is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the Defendant’s case (e.g., e., e., e., g., e., e., e., g., e., e., g., e., e., s
2. Determination:
A. The part of the Defendant’s case (determination on the assertion of unreasonable sentencing) committed an indecent act by the Defendant against the victim, a female juvenile, who was diving at a sobry making soup, and even though the Defendant had been sentenced to a fine by committing an indecent act against the victim who was divingd in 2006, the Defendant committed such an act again, and did not receive the victim’s written request up to the trial. In light of the above, there may be room to deem that the corresponding strict punishment is necessary.
On the other hand, on the other hand, the defendant had been detained for three months after being detained in the court below at the court below, and appears to have been convicted of committing the crime, and there is no particular form of force in the course of the crime in this case, and the degree of indecent act is also hard to view that the defendant has a capacity to be subject to a fine, and the defendant has no history of criminal punishment heavier than the fine, and other various sentencing conditions as shown in the records such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., are less easily applied to the court below's punishment against the defendant.
Since it is recognized that the defendant's argument of unfair sentencing is excessive rather than unfair, the defendant's argument of unfair sentencing is reasonable and the prosecutor's argument of unfair sentencing is without merit
(b).