아동ㆍ청소년의성보호에관한법률위반(위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal (e.g., imprisonment with prison labor and August) of the original judgment is too unreasonable;
2. After having become aware of the victim who is female students of 14 years of age through SNS, the Defendant committed an indecent act against the victim by force on the part of the film center.
The crime of this case is a bad crime in light of the relationship between the defendant and the victim, the age of the victim, the details of the crime and the method of the crime.
In the lower court’s judgment, it is difficult for the Defendant to have the victim feel the fact of damage by denying the crime and causing the victim to testify, as well as not only caused the victim to feel the fact of damage but also caused the victim to “indecent act and harming the victim by causing the victim to feel the Defendant,” thereby causing the secondary damage to the victim.
Such circumstances are disadvantageous to the defendant.
On the other hand, the victim expressed his/her intention that he/she does not want to be punished against the defendant in the court below (after testimony) following the defendant's effort to recover damage.
In the past, the defendant recognized the crime of this case as late as possible, and is against the law.
There is no criminal record against the defendant.
There are also some aspects of consideration in the family environment of the defendant.
Not only the family members of the defendant but also many other persons want to take the action against the defendant on the grounds of the defendant's usual behaviors.
These circumstances are favorable to the defendant.
In full view of the following circumstances as well as the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions (including additional sentencing data in the appellate trial) as shown in the instant argument, and the criteria for the scope of sentencing and the suspension of execution according to the sentencing guidelines for the enactment of the Sentencing Committee, the sentence of the lower court is too unreasonable.
3. The Defendant’s appeal is with merit.