성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (five-year imprisonment, etc.) is too unreasonable.
2. The instant crime committed by the Defendant committed an indecent act on three occasions against a juvenile who is only ten years of age, and the nature of the crime is bad in light of the background, mode, frequency, etc. of the crime, and the victim appears to have suffered considerable sexual humiliation and mental suffering due to the instant crime. This appears to serve as a negative factor in the process of physical development of the victim, etc., which is disadvantageous to the Defendant.
On the other hand, the defendant recognized the crime of this case in this court when the defendant came to this court, the victim's side does not want the punishment by mutual consent with the victim, and the defendant appears to have served to the community by conducting voluntary crime prevention activities, etc. The defendant's neighbor and the defendant together with the defendant was conducting voluntary crime prevention activities.
The circumstances favorable to the defendant include the fact that people want to take the defendant's wife, there is no history of criminal punishment against the defendant, and that the defendant was reduced for five months through detention.
In addition to these circumstances, if comprehensive consideration of the defendant's age, sex, environment, family relationship, motive, means, and consequence of the crime, various sentencing factors specified in the records and arguments, such as the circumstances after the crime, etc., the sentence of the court below seems to be somewhat unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written reasoning of the judgment] The summary of the criminal facts and evidence recognized by this court as the criminal history of the crime shall be added to “1. Defendant’s legal statement in the appellate court” under the third fourth of the judgment of the court below.