아동ㆍ청소년의성보호에관한법률위반(위계등간음)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible.
2. Determination
A. In a case where there is no change in the sentencing conditions compared to the original judgment, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The crime of this case (sexual intercourse) was committed by force after allowing the victim of 15 years of age to enter the Defendant's residence at the time when the victim did not have been found at the time when he was set off.
In light of the object of the crime and the method of committing the crime, the nature of the crime is very bad ( even though the body of the victim is relatively large and the body of the defendant is considerably distorted, the nature of the crime of sexual crime does not vary significantly). The victim appears to have received considerable mental impulse due to the instant crime, and the defendant did not receive a letter from the victim.
The victim and the parents of the victim want to punish the defendant.
However, when the court below acknowledged all the crimes of this case in the court below, the defendant's mistake is divided.
Although the Defendant was raising a baby under six years of age who shows developmental disability and self-defluence, it is necessary to take into account to some extent that the Defendant appears to have been living at a facility for disabled children after being detained by the court below, and that the Defendant also suffered from a disease due to a party member's disease, etc., and that it seems that a relatively less health is needed.
There is no record of committing a sex offense, and there is no record of punishment exceeding a fine once.
C. The lower court appears to have determined the punishment in light of all the above circumstances after pleading, and there is no change in the sentencing conditions in the trial compared with the lower court.
In addition, the defendant's age, character and conduct, environment, family relationship, motive, background, and means of crime.