아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (a two-way imprisonment, 8 months in prison, 80 hours in completion of sexual assault treatment programs, confiscation) is too heavy or too unfluent (a prosecutor).
2. Prior to the instant crime, the Defendant did not have any criminal record exceeding the fine, and the Defendant was sentenced to imprisonment with prison labor for one year on November 9, 2017 with prison labor for special injury, etc. by this court on November 19, 2017 and the judgment became final and conclusive on November 19, 2017. The fact that the Defendant should consider equity with the case where the judgment was rendered together is favorable to the Defendant.
On the other hand, although the crime of this case is to ensure that the defendant as an adult is able to protect children and juveniles from sexual crimes and grow up as healthy members of society, it is an object of the victim's sexual desire. It is transmitted to the victim who is merely a middle school student by threatening the victim's wrong sexual culture and exposing distorted sexual culture. In light of the victim's abuse content, level, period, etc., the crime is bad, and the victim is deemed to have suffered sexual humiliation and serious mental suffering and apprehensions, and the victim seems to have suffered from sexual humiliation and serious mental suffering and apprehensions, and the victim is expected to leave the case in the victim's side, and the victim is likely to cause wrong adult consciousness or male appearance due to the crime of this case.
In addition, there are no changes in the conditions of sentencing compared to the first instance court, as well as various circumstances, such as Defendant’s age, sex, environment, relationship with the victim, motive or background of the crime, circumstances after the crime, etc., as indicated in the records and arguments of this case, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).