아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.
2. Determination
A. In the part of the defendant's case, the defendant recognized his mistake and seriously reflects it, the crime of this case does not seem to have been planned or distorted, and the fact that there is no other criminal power except that sentenced to a fine due to the crime of violating the Food Sanitation Act, etc. are favorable or considered to the defendant.
On the other hand, the defendant's crime of this case committed an indecent act against the victim's sexual organ or the victim's sexual organ that is merely 14 years of age, and the crime of this case was committed in such a way that the victim's sexual organ might be restricted by the victim's sexual organ, and the crime's criminal condition and the nature of the crime are not less and less than that of the victim's sexual organ, which is likely to affect the mental impulse of the victims' age, and the victims' sound sexual consciousness could not recover from the victims' damage, it is necessary to punish the defendant with severe punishment corresponding to their responsibility.
In addition, in full view of the following conditions, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the offense, means and method of the offense, contents and result of the offense, etc., the sentence imposed by the lower court against the Defendant is deemed to be too uneasible and unreasonable.
Therefore, the prosecutor's argument of unfair sentencing is justified.
B. As long as a prosecutor filed an appeal on the part of a case claiming an attachment order and a probation order, it is deemed that an appeal has been filed against a case involving an attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, there are no grounds for reversal ex officio as to this part of the prosecutor’s grounds for appeal or petition of appeal without stating the grounds for appeal or petition of appeal
3. If so, the judgment of the court below is the case of defendant.