아동ㆍ청소년의성보호에관한법률위반(준강간)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.
2. The instant crime was committed with the knowledge that the Defendant, a juvenile, was under the influence of alcohol and had sexual intercourse with the victim, but the victim was broken in diving, thereby making the victim failed to commit the instant crime.
The lower court, in light of the content of the crime, or the relationship between the Defendant and the victim, committed a punishment against the Defendant in consideration of the following favorable circumstances: (a) under the unfavorable circumstances: (b) the Defendant’s mistake is recognized; (c) the victim expressed his intent not to punish the Defendant; and (d) the fact that the Defendant does not have any previous error; and (c) the victim appears to have caused considerable mental shock and sexual humiliation.
If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing of the lower court appears to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial.
It is necessary to protect children and juveniles specifically so that children and juveniles can grow safely and healthy because they are well-grounded in sexual values and are weak to commit crimes.
The reason why sex offenses against children and juveniles should be punished strictly is recognized, and our society's consensus on the necessity of strict punishment has also been formed.
The possibility of criticism of sex offenses against children or juveniles, the above circumstances as decided by the court below, and all the arguments of this case, such as the defendant's age, character, conduct, family relationship, criminal record, motive and background of the crime, means and consequence, etc.