아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 30,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment (amounting to KRW 10 million, and completion of sexual assault treatment programs for 40 hours) declared by the court below is too uneasy and unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the fact relevance itself of the instant crime itself is visible; (b) the degree of the used tangible force is not relatively serious; and (c) there is no record of criminal punishment exceeding the suspended sentence.
Meanwhile, the instant crime committed an indecent act by making the victim who is a female child or juvenile under 18 years of age, who is an employee of the convenience store he/she operates, in the hands of the victim two times. In light of the background of the crime, the method of the crime, the age of the victim, and the relationship between the defendant and the victim, etc., the crime of this case is not good and is very serious, and the defendant committed an indecent act by taking advantage of the position of convenience store as above, in addition to the indecent act committed by the victim.
”, “ 이쁘게 생겨 가지고 눈치도 빠른 계집년 일세♥♡”, “ 내가 널 무지 사랑하고 진심으로 사랑하는 것 알지 ”, “ 사랑하는 가시나♥ 무지무지 이뻐 죽겠어!,
♥ 쪽♥ 쪽♥~~”, “ 나랑 데이트할까 ”, “ 가시나 오늘 만큼은 나랑 놀아 주면 안되겠나
“,” “Irriland,”
“.....” “The transmission of dial-a-dial photo of a telecommunication photo with this bad State;
봐라 ^^”, “ 니 년은 너무 이뻐서 괜찮아, 아무 사진이나 줘 봐. 전신이랑 상반신” 등의 모욕 감과 성적 수치심을 불러일으키는 문자 메시지를 수차례에 걸쳐 전송하였고, 이에 피해자는 상당한 정신적 고통과 성적 수치심을 느꼈지만 어렵게 구한 아르바이트 자리를 잃을까
We can not see the rejection sense properly, and have pride and eventually reported to the police. Nevertheless, the defendant is the injured person until the party is in the first instance.