성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment of the lower court (three years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In regard to the part of the defendant's case, the court below decided the defendant's punishment by taking into account the following factors: ① the defendant's age, character and behavior, health conditions, home environment, motive for the crime, circumstances after the crime, etc.: (a) considering the fact that the defendant committed an indecent act against the victim of the age of 5 and 7, the quality of the crime in this case is not good; and (b) the defendant was sentenced to a heavy sentence of 10 years by imprisonment for a sexual crime against the minor in the past; and (c) under the condition that the defendant fully recognized the crime; (d) the victim's parents paid KRW 5 million to the victim; and (e) the victim's parents do not want the punishment; and (e) taking into account various sentencing
In full view of the factors that serve as the conditions for sentencing as revealed in the sentencing review process of the lower court, the lower court’s determination of sentencing has exceeded the reasonable bounds of its discretion.
Furthermore, there are no circumstances suggesting that the lower court’s grounds for unreasonable sentencing asserted by the Defendant and the Prosecutor in this court are already considered in determining the Defendant’s punishment and, in addition, there are no circumstances suggesting that the lower court’s decision on the sentencing is unreasonable even when comprehensively considering the materials presented during the sentencing hearing
Therefore, the Defendant and the prosecutor’s argument of unreasonable sentencing cannot be accepted.
B. As to the part of the attachment order case, as long as the Defendant and the prosecutor appealed on the part of the Defendant’s case, the part of the attachment order case pursuant to Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Devices Attachment Act”).