성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence sentenced by the court below on unreasonable sentencing (three years of imprisonment) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to disclose and notify the disclosure and notification for five years.
2. Determination
A. Determination on the assertion of unfair sentencing is based on the following circumstances: (a) The instant crime is not likely to be committed by the Defendant’s indecent act by force by force against the victim under the influence of alcohol; and (b) the victim appears to have received mental impulse, such as drinking, drinking, etc. in the process of talking the victim’s friendship immediately after the instant crime, or having been given testimony in the court below’s trial.
On the other hand, the defendant's defense counsel recognizes the facts charged as substitute, and the defendant's defense counsel argues that the grounds for appeal of this case are unjust sentencing and unfair disclosure and notification, and that "the defendant recognizes the defendant's "to dance with the victim's return and to interview the breast outside of clothes", but it does not mean that the defendant has delivered or exempted the victim's chest within his clothes. Thus, it is argued that there is no reason to request for consideration in the determination of unfair sentencing.
In light of the evidence duly admitted and examined by the court below, the facts constituting a crime which the court below found guilty ("the defendant 13 years old 13 years old lying on the wall without standing the victim's her, is consistent with the victim's ear and her entrance, and the victim's chest was stored in the clothes, and tried to be exempted from the victim's lower part) are recognized.
In addition, even though the defendant's assertion that "to have dancing with the victim's you and to have the chest out of the clothes" is recognized, in full view of the various reasons for sentencing as seen in this paragraph, the defendant's criminal acts should be punished by imprisonment with prison labor among the statutory punishments for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13). In this case, discretionary mitigation is required.