아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. A. The Defendant, at the time of committing a crime in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act), should be mitigated from punishment on the ground that the Defendant was in a state
B. The sentence of imprisonment (six years of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant quasi-similar act.
However, in light of the following circumstances acknowledged by the above evidence, namely, the background and time of drinking alcohol in Epenta D at the time when the Defendant committed the instant quasi-similar act at the investigative agency; the location where the Defendant was the victim at the time of committing the instant crime; the conversation that was divided into the witness immediately after the crime; the process, method and method of committing the instant quasi-similar act; the Defendant’s behavior before and after the crime; and the Defendant’s statement attitude at the investigative agency, etc., it cannot be deemed that the Defendant had lacking the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant quasi-similar act.
Therefore, the defendant's argument of mental disability is without merit.
B. Each of the crimes of this case regarding the assertion of unfair sentencing is a parent of the motive of the Marine Corps, which the defendant attended the Marine Corps's motive group accompanied by his family, and was in the same room, and committed similar acts, such as inserting a hand into the panty of the female juvenile victim (the age of 16) and gathering the fingers into the sound book, and taking the fingers into the sound book, by deceiving the victim G, I and J totaling KRW 26 million, and the method and quality of the crime is very poor, and the victim is very large due to the crime of quasi-similar nature of this case.