성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentencing of the lower court (unfair sentencing) is unfair because the Defendant (the completion of sexual assault treatment programs at two and forty years and forty hours of imprisonment) is excessively unreasonable.
B. The lower court’s sentencing (unfair sentencing) is unreasonable as it is too unhued.
2. The Defendant committed an indecent act against the victim two times by inserting hands in the clothes of the victim who is merely seven years of age. The victim was suffering from mental distress without properly notifying the victim of the damage due to his or her maternal relationship with his or her mother, and resulting in suffering from stress after trauma. In light of the fact that the victim suffered from stress, it is necessary for the Defendant to bear strict responsibility corresponding thereto.
However, the defendant's confession and reflect that he does not repeat the crime while committing the crime, there is no record of the crime except for the record of having been sentenced once a fine, the defendant's old age and suffering from food cancer is not good, and the victim and his family members are not wanting to punish the defendant, and the defendant's age, career, sex, environment, motive and circumstance of the crime, and the circumstances after the crime are considered as favorable to the defendant. In light of the balance of both punishment and similar crimes committed in the arguments of this case, the court below's punishment against the defendant is unfair by failure.
B. The circumstances unfavorable to the sentencing asserted by the prosecutor in the trial of the court below, such as that the defendant committed an indecent act against the victim who is only seven years of age, and the result is very great mental impulse between the victim and his family members, are considered as having already been determined by the court below and sufficiently taken into account, and if considering the change of circumstances in the trial of the Pinn Pin Party, the punishment of the court below against the defendant is too weak.