성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for forty hours.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of seven years and the imprisonment of 80 hours for sexual assault treatment programs) is too large and the decision of the sentence is unreasonable.
2. The offense in which the defendant, by exercising force on the victim under 12 years of age, putting the victim's fingers into the part of the victim, booms the defendant's sexual organ with the victim's hand, and booms the victim's sexual organ into the part of the victim's sexual organ and booms around the victim's sexual organ, thereby committing an act of similarity against the victim is very significant and criminally committed.
The statutory punishment is not less than seven years of imprisonment.
The victims were suffering from considerable mental impulses in these crimes.
When the defendant denies these crimes, he was hospitalized twice due to the victim's report on the second damage and depression on the wind to ask the victim to make a false statement by reliance on the defendant's horse, and to end up with the victim.
Therefore, it is necessary to sentence the criminal defendant imprisonment.
However, the defendant is recognized as committing his crime in the appellate court, is in depth and has no record of being punished for the same kind of crime before.
In addition, in the case of the civil conciliation application where the victim and his reference claimed damages against the defendant's mother's mother, the defendant's mother contained a deep death of the defendant and the victim's petition to the victim's father.
Accordingly, the victim's reference accepted it as the representative of the victim, and made use of the defendant, and agreed with the defendant's mother, and accordingly the defendant's mother paid all damages.
Now, the victim is living without any further treatment or consultation related to the crime of the accused.
In light of the aforementioned various circumstances, Defendant’s character and conduct, environment, motive, means, and consequence of the crime, all the sentencing conditions expressed at the appellate court, including the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court.