성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.
Judgment
Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the judgment of the first instance on the sole ground that the sentence of sentencing of the first instance falls within the reasonable scope of discretion, but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstance is that the Defendant is against the recognition of the instant criminal act, the Defendant appears to have committed the instant criminal act by citing the victim while
However, the crime of this case is a case in which the defendant 3 years of age merely stated her panty, put his hand into the panty, and commits an indecent act, and the nature of the crime is not good. The degree of the indecent act of this case is not easy, and the victim seems to have suffered considerable humiliation and mental shock due to the crime of this case, and the defendant was unable to agree with the victim until the trial of the case, and the parents of the victim want to be punished against the defendant, which is disadvantageous to the defendant.
As above.