아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (a year and six months of imprisonment, and 80 hours of order to complete a program, confiscation) is too unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have an attitude against his mistake; (b) the Defendant appears not to have accessed the victimized child with sexual objective from the beginning; and (c) the primary offender with no criminal history; and (d) the primary offender with no criminal history.
However, the Defendant: (a) committed sexual abuse against a child under 13 years of age who is socially isolated due to unstable mental health, such as suffering from depression; and (b) committed sexual abuse, such as attempting to de facto sexual intercourse, as if the Defendant inserted the child’s sexual organ into his/her own sexual desire body; and (c) did not seem to have been directly forced or threatened in the process; (b) however, the Defendant formed trust and friendlyness under the pretext of aiding the child in need of protection, such as aiding the child’s accommodation; (c) used it for sexual object after inducing the victimized child through a typical “ging” process in the child sex offense; and (d) the Defendant committed sexual abuse by inducing the victimized child through the Defendant’s dwelling at the place where the victimized child was committed; and (e) it is difficult to view that the crime, such as the discovery of the Red Sea Gambling, etc., brought about by the Defendant at the residence of the victimized child at the place where the crime was committed, was committed.
In light of the contents of the above act, the degree of sexual abuse is important, and it is clear that the above act has resulted in serious impediment to the sound sexual development of the victimized child, the act of taking the victimized child as the object of sexual desire is strictly punished, and the victimized child has not been used until now, and other factors such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions as shown in the arguments in this case, such as the circumstances before and after the crime.