아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the attachment order was requested and the part of the case for which the probation order was requested while rendering a judgment upon conviction on the part of the defendant’s case. Accordingly, since only the defendant appealed, there is no benefit of appeal regarding the part of the case
Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the scope of the trial of this court is limited to the part of the defendant's case among the judgment below, and the part of the request for attachment order and the request for probation order
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of four years and six months) of the lower court is too unreasonable.
3. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) deemed the Defendant as a favorable condition to the Defendant, on the following grounds: (b) the Defendant was fully aware of and against all crimes; (c) the Defendant has no history of punishment for sexual crimes in the past or of punishment exceeding the fine; and (d) sexual intercourse by force
On the other hand, the crime of this case also seems to have been well aware of difficulties due to the life of a baby in the facility B, but only the victim C who is merely 13 years of age, uses a situation without a wife, and forced the victim to commit an indecent act by force, and attempted to engage in sexual intercourse by force. In light of the circumstances leading to the crime by the defendant, the background leading up to the crime, the age of the victim and the vulnerability to the crime, the relationship between the defendant and the victim, etc., the defendant's liability for the crime is not less weak, and the defendant is driving after drinking.
Victim L is a victim due to negligence that neglected the duty of the former.