아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment below
The part of the judgment No. 1 is reversed.
Defendant shall be punished by imprisonment with prison labor for the first crime as stated in the judgment below.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (one year of imprisonment with prison labor, and one year of imprisonment with prison labor) is too unreasonable.
2. Determination
A. The crime of this part of the judgment on the first crime as to the judgment of the court below is that the defendant committed an indecent act by force against the victim F who is a juvenile, and the nature of the crime is not good.
This part of the crime seems to have caused considerable sexual humiliation to the victim.
However, the defendant recognized this part of the crime and reflected his mistake.
This part of the crime seems to have committed a contingent crime while under the influence of alcohol.
In the first instance, the defendant agreed with the victim F, and the above victim does not want to be punished against the defendant.
Since this part of the crime is a concurrent crime between the defendant's criminal record and the latter part of Article 37 of the Criminal Act as stated in the first head of the judgment of the court below, the case of judgment and equity should also
In addition, comprehensively taking account of all the sentencing conditions shown in the argument of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence of the first offense in the judgment of the court below is too unreasonable.
Therefore, this part of the defendant's argument is justified.
B. The Defendant’s judgment on the crime of Articles 2 through 5 in the holding of the lower judgment is against his mistake by recognizing all of the crimes of this part.
In the past, the Defendant agreed with the victims of the theft crime of this case and some victims of the theft crime of this case.
However, on July 9, 2014, even though the defendant was sentenced to a two-year suspended sentence for larceny in the Incheon District Court, the defendant committed each of these crimes, such as theft of another person's goods on several occasions during the suspended sentence.
In light of the circumstances of the crime and the contents of the crime, each part of the crime committed by the defendant is very poor.
The defendant is above.