아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15 million.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence (7 million won in penalty) imposed by the lower court on the Defendant in the part of the case of the Defendant is too unhutiled and unreasonable.
B. According to the evidence submitted by the prosecutor, it is unreasonable for the court below to dismiss the prosecutor’s request for attachment order on the ground of a fine, even if it is sufficiently recognized that the defendant has a risk to repeat a sexual crime again.
2. Many circumstances favorable to the defendant who appeared in the proceedings of the court below and the court below (the part of the case of the defendant) (the defendant led to the crime of this case in the court below and the court court of the first instance and against his mistake).
In full view of all the sentencing conditions expressed in the court below and the oral proceedings, including the following facts: (a) the victim and the father of the victim expressed their intention that they would not want the punishment against the defendant at an investigative agency; (b) the defendant has no same criminal records; and (c) the defendant has no criminal records of imprisonment without prison labor or any heavier punishment; (d) the defendant committed the crime of this case by force on the right chest and buckbucks of female juveniles due to the same circumstance as the criminal facts stated in the judgment of the court below; (c) the crime of this case is not less likely to be less than those of the victim; (d) the victim appears to have suffered significant shock and pain due to the crime of this case; and (e) the victim's intention not to punish the defendant was committed in the course of the crime of this case; and (e) the court below's judgment and the appellate court's argument that the defendant's punishment was unfair because the sentence imposed by the court below is somewhat unfilled and it is not unfair.
3. Accordingly, the part of the judgment of the court below regarding the defendant's appeal against the part of the judgment of the court below should be reversed. In such a case, the part of the case should be reversed.