아동ㆍ청소년의성보호에관한법률위반(강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
gallon juscule of seized Samsung Dool 21.
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to shock disorder and depression.
B. The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.
2. Determination:
A. According to the statement of the certificate No. 4, certificate No. 8, copy of the medical record of evidence No. 8, etc. submitted in the judgment of the trial court as to the claim of mental retardation, it can be recognized that the defendant had been treated as a major depression, activity, or a state of influence, etc., even before the crime of this case was committed. However, in light of the background of the crime of this case, the method and method of the crime of this case, circumstances after the crime, etc. acknowledged by the record, it cannot be viewed that the defendant had the ability to discern things or make decisions at the time of the crime of this case.
B. The instant crime on the assertion of unfair sentencing is committed against a victim of the age of 13, who is an adult defendant, who became aware of at the hosting site, and the nature of the crime is not weak, and there is a need for strict punishment in light of physical and mental shock suffered by the victim.
However, it is still young age that the defendant is still 22 years old, and there is room to view that the defendant had committed the crime in this case in an uneasible state due to euthanasia, depression, etc., and there is no direct exercise of tangible force such as assault, etc. in the course of the crime. In the process of the crime, all of the crimes have been recognized during the trial, and the victim has not want to be punished by agreement with the victim, and the victim does not want to be punished by the defendant. Other various sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, motive and background of the crime in this case, means and consequence of the crime, and circumstances after the crime, etc.