성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
The judgment below
The part of the defendant's case (excluding the part of a compensation order) shall be reversed.
A defendant shall be punished by imprisonment for three years.
Summary of Grounds for Appeal
Defendant
In light of the fact that the person against whom the attachment order was requested (hereinafter referred to as the "defendant") has no record of criminal punishment, etc., the sentence of imprisonment (three years of imprisonment) imposed by the court below against the defendant is too unreasonable.
In light of the fact that the Defendant committed an indecent act against the victim who is a friendship, and the nature of the offense is bad, the sentence imposed by the lower court against the Defendant is too uneasible and unfair.
In light of the fact that a juvenile under the age of 19 committed a sexual crime against a victim of his/her kinship and continued domestic violence, the lower court dismissed the request for the attachment order of this case even if it is recognized that the risk of repeating a sexual crime exists.
Judgment
The crime of quasi-indecent act by force of this case on the part of the defendant's case (with respect to the defendant's and prosecutor's assertion of unreasonable sentencing), is an indecent act committed by the defendant against the victim D, who is his father/child, and the nature of the crime is bad, and it seems that the above victim's mental shock and sexual shock will not have been much significant, and the result of the injury suffered by the victim C, etc. is a heavy sentencing factor for criminal liability of the defendant.
Meanwhile, in light of the fact that the defendant has no record of criminal punishment, and that the defendant has committed all of the crimes of this case during the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of this case, the defendant is trying to recover the damage of the victims by depositing the amount of KRW 10 million for the victims, etc. In addition, considering all of the sentencing conditions of this case including the defendant's age, character
Therefore, the defendant's assertion of unfair sentencing.