성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of twenty thousand won.
3. The above fine shall be imposed on the defendant.
1. As to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order was filed, the lower court did not have any interest in appeal regarding the part on which the request for attachment order was filed.
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of
2. The summary of the grounds for appeal (two years and six months) of the lower court’s punishment is excessive and unfair (the Defendant asserted that there was no intention to commit an indecent act, but the Defendant withdrawn the above assertion on the second trial date of the first trial of the first instance court). 3. The Defendant forced the victim to commit an indecent act in such a way that the victim’s opportunities to play together with the kins are suckbucks, etc. over three occasions.
As a result, victims who had been at the time when they should form a sound sexual values and identity have suffered huge mental pain and shock, and such damage seems to be a considerable obstacle to growing the victims to a sound social person in the future.
On the other hand, there are circumstances that the defendant can be considered as positive factors of sentencing as follows.
The extent or degree of indecent act committed by the defendant in each of the crimes in this case is not much serious.
Before committing the instant crime, the Defendant had no record of criminal punishment, and served in good faith as a local public official for about 25 years without any disciplinary action.
The defendant is against his own act and his parents by recognizing his responsibility for such act in the past, and is against his wrong judgment, and the defendant's comment and comment are against the victim and his parents.