아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
The guilty part of the judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
(b).
1. On October 8, 2018, the lower court rendered a judgment of conviction on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) among the Defendant’s case, and on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act), and rendered a judgment of acquittal on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act) on October 11, 2018, and rendered a judgment of dismissing the prosecutor’s request regarding the part regarding which the request for attachment
Since only the Defendant appealed, the part of the judgment of the court below regarding the acquittal was separated and finalized, and the part regarding the application for attachment order does not have any interest in the appeal.
Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the scope of this court's judgment is limited to the part of conviction among the part of the judgment of the court below.
2. The summary of the grounds for appeal withdrawn the assertion of mistake of facts on the first trial date of this court.
The sentencing of the court below is too unreasonable.
3. The Defendant committed an indecent act by compulsion and similarity with a juvenile who had committed his own will and committed by himself. In light of the relationship between the Defendant and the victim, the method and circumstances of the instant crime, and the degree of indecent act, etc., the crime is not good.
Accordingly, the victim seems to have suffered a considerable mental shock and suffering.
Nevertheless, the defendant denied the crime and the victim appeared as a witness in the court of original trial.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant acknowledges late or erroneousness and reflects it in depth.
In this court, the defendant paid a reasonable amount to the victim and agreed with the victim. The victim and the victim do not want to be punished.
A defendant is sentenced to a fine one time for a crime of foreign race.