아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.
B. The sentence of the lower court to the prosecution (e.g., e., e., e., e., t
2. Each of the instant crimes committed by the Defendant committed an indecent act or indecent act by taking advantage of the mental disorder, or the state of failing to resist, of the victims, who are the same high school-friendly and juvenile, and were attempted to commit the instant crime. The degree of indecent act is not weak, and even though the victims of the Nininin's age seem to have been suffering from considerable mental impulse and sexual humiliation due to the instant case, the Defendant was unable to use it until now, and was unable to recover any damage, and the victims were punished against the Defendant.
However, the Defendant recognized all of his mistakes, and divided them. At the time of each of the crimes of this case, the students of high school was in the second grade at the time of committing each of the crimes of this case, and at the present, there remains room for edification and improvement at 20 years.
In full view of these circumstances and other various sentencing conditions stipulated in Article 51 of the Criminal Act, since the sentence imposed by the court below is deemed to be too unreasonable, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.
3. As 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 decision is rendered after pleading.
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and Article 7(6) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to criminal facts and selective punishment.