아동ㆍ청소년의성보호에관한법률위반(강간)
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 four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 40 hours for completing sexual assault treatment programs) of the lower court is too unreasonable.
2. Although the defendant tried to rape the victim who is a child or juvenile, the crime of this case is not good, and the victim seems to have suffered considerable mental impulse and sexual humiliation and to have suffered negative impacts on the formation of sound sexual values. The fact that the defendant refused the crime in the court below and the victim had to appear as a witness in the court of the court below and stated his/her damage experience again, is disadvantageous to the defendant.
The fact that the defendant recognizes the crime in the trial and reflects the wrongness of the defendant, that the defendant does not want the punishment of the defendant by mutual consent with the victim in the trial of the party, that the crime of this case is committed in the attempted crime, that the defendant does not have any record of criminal punishment due to sex offense, and that the family members of the defendant want to take the action against the defendant, are favorable to the defendant.
In addition to these circumstances, comprehensively taking account of the Defendant’s age, character and conduct, career, environment, family relationship, the circumstances and result of the instant crime, etc., the sentence of imprisonment with prison labor sentenced by the lower court in the instant trial is too unreasonable since it was too unreasonable for the lower court to have reached the final trial.
Defendant’s assertion is with merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[Discied reasoning of the judgment below] In addition to adding a “court statement of the defendant at the trial” to the summary of criminal facts and evidence, it is the same as the statement of each corresponding column of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1..