성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. Each of the instant offenses appears to have committed an indecent act against a victim under the age of 13, who is responsible for the sound rearing and protection of the victim, by force over three times, and at the same time committed sexual abuse that causes a sense of sexual shame to the victim, and its nature and criminal circumstances are very significant; the victim’s mother took the victim from North Korea, has entered the Republic of Korea to make a living in the Republic of Korea; due to the characteristics of the occupation, it appears that the victim had believed and attempted to believe the defendant, who is a blshed, who is a blshed by the victim; such victim appears to have suffered severe physical pain and sexual humiliation from the blsheth of the age of the victim; thus, there is a possibility that the victim might have impeded the formation of a sound sexual identity; and the crime committed against this case, which is the same as this case, need not have any adverse effect on our society, and thus, the victim seems to have been disadvantageous to the defendant.
There is no history of criminal punishment in the Republic of Korea, and the recognition of the crime of this case reflects his mistake, the victim does not want the punishment of the defendant under the agreement between the defendant and the court below, and the defendant agrees to pay the amount regularly for about two years in the case of the party, which is favorable to the defendant.
In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, family relationship, and environment, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence imposed by the court below is too excessive even when considering the contents of additional agreements in the trial.