성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) As stated in the facts constituting a crime of misunderstanding the facts in the judgment of the court below, although there was a fact that the Defendant had the victim and his mother residing in the Defendant’s house, there was no act of similarity with the victim at the time. In addition, the Defendant was issued an international driver’s license according to normal procedures. 2) The lower court’s imprisonment (four years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The Defendant asserted that the Defendant had the same purport as the grounds for appeal in this part of this part of the judgment of the court below, and the court below rejected all of its arguments on the following grounds: (a) the Defendant committed a similarity act with the victim at the time of committing the instant crime on the grounds of the detailed circumstances under the title of “determination on the Defendant and his defense counsel” in the said judgment; and (b) it may be recognized that there was at least dolus
Examining the circumstances admitted by the court below in comparison with the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable. Therefore, this part of the defendant's assertion is without merit.
B. The circumstances favorable to the Defendant are as follows: (a) although the Defendant committed a similar act with the victim; (b) the Defendant appears only to have had the intent to commit the crime in the course of contact with the victim without the intent to commit the crime; (c) the use of forged international drivers’ licenses does not appear to have led to the use of the forged international drivers’ licenses; and (d) the Defendant’s commencement of stay in the Republic of Korea without any criminal history for about ten (10) years,
On the other hand, the crime of this case is committed by force by the defendant's children residing in his own house, and is committed by force.