성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (two years and six months of imprisonment) is too unreasonable, and the gist of the grounds for appeal by the prosecutor is that the punishment of the court below is too uneasible and unfair.
2. The crime of this case committed against a child is a crime committed against a child, and the victim was suffering from psychological pain, such as a considerable period of apprehension, fear, and decentralization, and such mental and psychological harm is likely to have a negative impact on the victim’s growth process, etc. is a circumstance where the defendant’s responsibility is heavy.
On the other hand, there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant made an effort to recover damage by depositing certain money for the victim based on such attitude, and that the defendant has no record of the same kind of crime.
In full view of all such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, relationship between the Defendant and the victim, and circumstances after the commission of the crime, the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor cannot be accepted.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.