성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In full view of the fact that Defendant A’s criminal act is recognized and reflected, efforts are made to recover damage to the victim, and there is no criminal history against the Defendant, the sentence of the lower court (a prison term of six years, 120 hours’ order to complete a sexual assault treatment program) is too unreasonable.
B. In full view of the fact that Defendant B recognized and reflected the Defendant’s crime, the Defendant had faithfully taken care of the three children up to the day before the instant crime was committed, and that there was no criminal record for the same kind of crime, the lower court’s punishment (one year and six years of suspended execution, observation of protection, and order to attend the course of child abuse treatment for 120 hours in June) is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A is an indecent act committed by Defendant A by force on several occasions against a victim who was under the de facto marital relationship with Defendant B by the said Defendant, and who was under the age of 11. The content of the crime is very bad.
The crime of this case shows that the victim suffered a significant shock and pain, and it is also judged that the aftermath of the crime of this case is very big. The victim did not recover from damage.
In light of the background, content, means, and consequence, etc. of the instant crime, it is inevitable to severely punish the said Defendant because the nature of the instant crime is very poor and the possibility of criticism is high.
On the other hand, the favorable circumstances alleged by the above defendant on the grounds of appeal appear to have already been considered in the sentencing of the lower court, and there was no new sentencing data to the extent that the lower court’s sentence was reversed in the trial.
In addition, considering the above defendant's age, sex, environment, etc. and all the sentencing conditions as shown in the records and changes, the court below's punishment against the above defendant cannot be deemed unfair.
B. Defendant B’s above Defendant A’s house in a de facto marital relationship.