성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for seven years.
For the defendant.
1. As to the part of the Defendant case, the lower court rendered a judgment ordering probation ex officio when dismissing the prosecutor’s request regarding the part of the case for which the request for attachment order was filed.
As to this, the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) appealed on the grounds of unreasonable sentencing regarding the accused case.
When a defendant has lodged an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding the case of a request for attachment order pursuant to Articles 9(8) and 21-8 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and this part of the case shall also be subject to the judgment of this
2. The sentence (one-year imprisonment) imposed by the lower court on the gist of the grounds for appeal is too unreasonable.
3. Determination
A. The Defendant in the Defendant case committed a similar act with a male juvenile who is 11 years old, and committed similar rape by threatening or assaulting the victim on the basis of the fact, and even if a juvenile protective disposition was issued due to an indecent act against a male juvenile after several years, the Defendant committed indecent act against a male juvenile who is 15 years old.
In addition, the defendant assaulted victims of their age, took away things, and stolen another person's property on several occasions.
Due to the defendant's sexual assault, the victims of age are suffering from a large mental suffering and have an adverse impact on physical and mental development.
The Defendant did not take any measures to recover damage to the victims of the remaining crimes except for larceny, and did not receive any tolerance from them.
However, the defendant is making a confession of all crimes and is against the law.
The defendant committed the sexual assault of this case against a male juvenile who is 11 years old.