아동ㆍ청소년의성보호에관한법률위반(준강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable;
2. The crime of this case is an indecent act against a victim who is a child or juvenile under the influence of alcohol by the Defendant, and the nature of the crime is not good in light of the content and circumstances of the crime. It appears that the crime of this case led to a considerable mental suffering of the victim.
However, if considering the defendant's age, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's punishment is too unreasonable. It is recognized that the court below's punishment is too unreasonable if it is considered that the defendant's punishment is too unreasonable. The defendant's intention that the defendant will not be punished for the defendant in the trial of the party is expressed, that there is no record of punishment or more punishment than that of suspended execution, and that there is no other evidence of punishment than that of the same sex crime.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court and the summary of evidence are as stated in the corresponding column of the judgment below, except for adding "the defendant's oral statement" to the summary of evidence in the court below's order, and they are cited as it is 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, the Articles 299 and 298 of the Criminal Act concerning criminal facts and the selection of punishment;
1. The main sentence of Article 62 (1) of the Criminal Act (the consideration of favorable circumstances examined in the preceding);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;