성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant constitutes a quasi-indecent act or indecent act against the Defendant’s age, with heavy liability for the crime; the Defendant’s criminal act appears to have suffered severe mental distress; sexual assault against the child may have a significant negative impact on the formation of sexual self-determination right based on an untorted sexual consciousness; and thus, it is recognized that there is an unfavorable sentencing element, such as the need for strict punishment and prevention.
However, the following favorable factors are also recognized for the defendant.
① Since the commencement of the police investigation, the Defendant has recognized one’s own crime and has seriously violated one’s duty to commit the crime.
(2) The Defendant did not assault or threaten a victim in the course of engaging in an indecent act, and furthermore did not reach the degree of sexual intercourse or similar rape.
③ The Defendant and the victim agreed at the prosecutor’s investigation stage, and a certain amount of agreement was paid at the time.
④ The injured party was the sixth-year student of 11 years old who was in normal development process and was capable of making a sound and consistent statement about the instant case (in the case of investigation records, face 83 pages (in the case of an intermediary report), 170 pages (in the case of an intermediary statement analysis), and submitted a written application for carbon to the injured party (in the light of its contents and form, it is deemed to be written by the injured party) after the closure of the pleadings in the trial.
At this point, "sken is confined in the reduction house" and has been sentenced to imprisonment of two years and six months.
The family members of the house are concerned with all of the family members of the house.
We can see whether people can be asked about whether they are big, and we can see whether the damage is likely to be caused.
A large number of stories has been used only once.
Two times shall not be available.
It will be a large-scale radius.