아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal by the defendant is that the court below's punishment is too unreasonable (eight months of imprisonment) and the gist of the prosecutor's appeal is unreasonable because the court below's punishment is too uneasible.
2. The crime of this case is considerably poor as the crime of this case was committed by indecent act by force against the juvenile victim.
In this case, it seems that the mental shock, such as a sense of sexual humiliation, suffered by the victim, was reasonable.
On the other hand, the degree of tangible force used by the Defendant at the time of committing the instant crime is weak, and the Defendant, who had no criminal punishment prior to committing the instant crime, is seriously against his mistake.
In full view of such various circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentence according to sentencing guidelines, the lower court’s punishment is deemed to be an appropriate punishment corresponding to its liability.
Therefore, the defendant and the prosecutor's assertion that the court below's punishment is too heavy or unreasonable is unreasonable is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.