아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment and forty hours of attending the sexual assault treatment course) is too unreasonable;
2. The judgment defendant shows his attitude to recognize and reflect his criminal act, and is an initial crime without any criminal record.
The legal representative of the victim has not been punished for the defendant by agreement with the defendant.
On the other hand, the crime of this case is very disadvantageous to the sexually abused of the victim by having the victim engage in obscene acts, etc. while in video conversations with the victim that the defendant acquired through the app, and the crime of this case is committed.
In particular, it seems that the victim was only eight years of age at the time and the defendant was fully aware of it, and there is a high possibility of criticism for the crime of this case.
It seems that obscene acts committed by the defendant are very hostile to considerably impede the formation of sound sexual values of the victim.
Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.