아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (a two-year imprisonment) that the court below sentenced to the defendant is too unreasonable;
2. The judgment of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant committed an indecent act against the victimized child under the age of 9 is not guilty and highly likely to be criticized, that the victimized child appeared to have suffered considerable mental and physical impulse due to the crime of this case, that the victim's family members also suffered a big mental pain, and that the defendant living in the same Dong Dong Dong Dong Dong Dongdong as the victim was another place, that the victim did not agree with the victim, and that the victim and his family members want to be punished against the defendant.
It is a normal situation that is favorable to the defendant, such as the fact that the defendant's mistake is recognized and against the defendant, the degree of physical force is not significant because the defendant did not assault or assault the victim, and that the victim's drinking part is not considerably weighted by an indecent act because of the victim's fluence, the defendant's 76 years old disability of brain 2nd disability due to the age of 76 years old, and that there is no free fluence such as indicating and moving fluor at the left fluor, and that there is frequent time when the alteration of fluor is not possible due to the fall of fluorial function, and it is difficult to reduce the living under detention due to the problem of communication with others due to the fall of the recognition function (the reference materials submitted by the defense counsel on April 5, 2013), and that there is no criminal record of the defendant.
In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of crime, etc., various conditions of sentencing according to the sentencing guidelines of the Sentencing Commission, and the range of recommended sentences according to the sentencing guidelines of the Sentencing Commission, the criteria of suspended execution (decision of types) of sex crimes subject to the age of 13 are not assault or threat.