아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
For the defendant.
The court below rendered a judgment dismissing the prosecutor's request with respect to the part of the defendant's case and the part of the case for which the request for attachment order was filed. Accordingly, the defendant appealed only to the part of the case for which the request for attachment order was filed. Thus, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no interest in appeal, this part shall
Summary of Grounds for Appeal
The judgment of the court below which found the defendant guilty of this part of the facts charged in the crime No. 1 (the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) as stated in the judgment below, although the defendant did not have committed indecent act by force as stated in the crime No. 1 of the crime
Although it is recognized that the defendant demanded to send a video image from the body of the victim as stated in the judgment below regarding the criminal facts of the court below, it is not true that the victim has threatened the victim as stated in paragraph (3) of the criminal facts of the court below, and the victim did not appear to have taken a video with economic consideration, and the victim did not have taken a video with the defendant's intimidation and did not have taken a video image. Thus, the demanding the victim to send the video image above cannot be deemed to have put a threat in the crime of coercion.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.
The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
The summary of the facts charged - The defendant, from around 2012, runs away from the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse to the relationship between D and the mother of the injured party C, and from November 2013, D leave from the family's residence.