미성년자의제강간등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for three years.
except that from the date of this judgment.
1. Of the facts charged in the instant case, the lower court found guilty of the charge of rape of minors and violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse, and sentenced a judgment dismissing a public prosecution on intimidation. Since the part of appeal filed by the Defendant and the prosecutor only against the conviction and the part of dismissal of public prosecution not appealed by the Defendant and the prosecutor became final and conclusive, the scope of the judgment in the instant case is limited to the part concerning rape of minors and violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse.
2. Summary of reasons for appeal;
A. The lower court’s sentencing is too inappropriate.
B. The lower court’s sentencing is too uncomfortable.
3. The instant crime requires strict punishment against the Defendant on the following grounds: (a) the Defendant has sexual intercourse with the victim under the age of 13 with the victim D under the age of 13, and (b) the victim F, a child juvenile, has sexual intercourse with the victim F, taking advantage of the state of mental and physical loss under the influence of alcohol and the nature
However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime of this case, conditions for sentencing specified in the argument of this case, such as the defendant's age, motive, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, the court below's punishment is too unreasonable, so the defendant's above assertion is justified, and the prosecutor's above assertion is without merit.
4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
A crime.