아동ㆍ청소년의성보호에관한법률위반(강간)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment for three years;
3. However, this judgment.
1. The lower court found the Defendant guilty on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and acquitted the Defendant on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape).
As to this, both the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) and the prosecutor appealed. However, the prosecutor did not dispute not only the grounds for appeal on the acquittal portion as the grounds for appeal but also the grounds for appeal.
Therefore, although the part of the judgment of the court below which was not guilty was judged in the trial, it should be viewed that it was exempted from the object of public defense among the parties, and this part is not determined again in accordance with the conclusion of the judgment of the court below.
Ultimately, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. The punishment of the court below (three years and six months of imprisonment) is too unreasonable.
B. Prosecutor 1) The part of the Defendant’s case (e.g., e., g., e., e., e., g., e., e., e., e., g., e., e.,
3. Determination
A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant’s indecent act by force against the juvenile victim, by force, and by allowing the victim to photograph his own negative phone and transmit it to another person, and then transmitting it again to the victim and his relative, and by threatening the victim and his relative by telephone or Kakaox message, the nature of the instant crime is not weak.
At the time of forming a sound sexual identity and values, the victim seems to have suffered a huge shock and sexual humiliation due to the above crime.
However, the defendant is not guilty.