성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment, etc.) is too unreasonable;
2. The crime of this case committed by the defendant against the victim who is a shelves of his/her own, in spite of his/her duty of care and protection as a guardian, to take his/her sexual desire, and the nature of the crime is not good.
The victim appears to have suffered a lot of mental impulses due to the instant crime, and is believed to have experienced difficulties in building a sound sexual identity.
However, when considering the defendant's age, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable. It is acknowledged that the sentence of the court below is too unreasonable if it is considered that the defendant's age, character and environment, motive, means and consequence of the crime, etc. as shown in the argument of this case is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence in the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the
Application of Statutes
1. Article 7(3) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same) regarding criminal facts, Article 29 of the Criminal Act (a quasi-indecent act by blood relationship) and the punishment of the former sexual crime.