성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentencing (20,000,000 won of fine) of the judgment of the court below on the summary of the grounds of appeal (the grounds of appeal by the prosecutor) is too minor or too minor (the grounds of appeal by the defendant).
2. In light of the victim’s age (10 years of age) and victim’s intellectual disability class 3, etc., the sentencing of the lower judgment is deemed unfair as it is deemed unreasonable in view of the following: (a) the gravity of the instant crime is grave; and (b) the Defendant denies the Defendant’s criminal act until the lower court completed the judgment; and (c) did not request the victim’s letter of apology (the Defendant also expressed that he/she will be aware of the fact that he/she will be subject to suspended sentence of imprisonment in the
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on Criminal Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, and Article 298 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (the fact that there is no record of criminal punishment for an excessive sex crime and the extent of an indecent act is easy and other favorable circumstances);
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (General Consideration in favor of the above person);
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. A family environment and social relationship, or an order to disclose information, in addition to the favorable circumstances set forth in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;