아동ㆍ청소년의성보호에관한법률위반(준강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (a prison term of five years, 40 hours’ orders to complete sexual assault treatment programs, and 5 years’ employment restriction orders).
2. The Defendant: (a) induced a female juvenile who was married to his own house for the purpose of sexual intercourse; (b) allowed the victim to drink without reporting; and (c) had the victim engage in sexual intercourse, regardless of being under the influence of alcohol.
Each of the instant crimes committed against juveniles whose sexual identity and values are not yet established in order to resolve his distorted sexual desire, and in light of the course, contents, and methods of such crimes, the nature of each of the instant crimes is bad.
The victim seems to have caused sexual humiliation due to the crime of sexual assault of this case, and it seems to have a negative effect on the formation of sexual identity and values in the future.
Such circumstances are disadvantageous to the defendant.
However, when it comes to the trial, the defendant's mistake is against his will to be recognized, and the defendant's side paid the agreed amount of money equivalent to the victim's side, and the victim borrowed the letter and expressed his intention that he does not want the punishment of the defendant.
Along with the fact that a person who suffered from a family has actively displayed a man who conceals himself through a dumping, and the defendant's response to this, the crime of attracting sexual intercourse of this case began.
The time when the defendant was moving to the victim is not that.
There is no history of sex offense against the defendant, and there is no criminal record who has been sentenced to more severe punishment than a fine even for another type of crime.
These circumstances are favorable to the defendant.
In addition to the above circumstances, the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in this case, and recommendations according to the sentencing guidelines for the enactment of the Supreme Court sentencing committee.