아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (one year of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.
2. The lower court, in light of the circumstances favorable to the Defendant, determined a sentence within the recommended range of the sentencing guidelines of the Sentencing Committee by considering the following: (a) the Defendant appears to have committed the instant crime in substitution for and against the victims; (b) the type of force and the degree of indecent act that the Defendant used to commit the instant crime was not excessive; and (c) the Defendant was the first offender, by taking into account the following factors: (a) the Defendant committed the instant crime by forcing the victims who were not well aware of such fact on five occasions; (b) the Defendant committed the instant crime by force or committed the attempted crime; and (c) the victims appear to have suffered considerable physical and mental pain due to the instant crime; and
The sentencing of the lower court appears to have been appropriately determined taking into account the aforementioned various circumstances, and there is no new circumstance or special change in circumstances that can be reflected in the sentencing after the sentence of the lower judgment.
In addition, taking into account the Defendant’s age, character and conduct, environment, family relationship, criminal records, circumstances, and result of the crime, etc., the lower court’s punishment is too heavy to the extent of deviating from the reasonable scope of discretion.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.