아동ㆍ청소년의성보호에관한법률위반(준강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and eight months of imprisonment) is too unreasonable.
2. The judgment of this case is an unfavorable circumstance to the defendant, where the defendant committed an indecent act against the victim, who is a woman living together, on two occasions, and the fact that the victim sustained the victim due to the instant case seems to have been sexual humiliation.
On the other hand, the fact that the defendant led to the confession of each crime from the court below and repents each mistake, that the defendant received the victim's letter and wants the victim's wife, and that the defendant does not have the same criminal power, etc. are favorable to the defendant.
그 밖에 피고인의 연령, 전과, 성행, 환경, 가족관계, 범행의 동기와 경위, 범행 후의 정황 등 여러 가지 양형의 조건들을 종합하면, 대법원 양형위원회의 양형기준에 따른 권고형량 범위 ◇법률상 처단형의 범위 : 징역 1년 ~ 22년 6월 ◇양형기준의 적용
1. Persons subject to special mitigation in the mitigated area of crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the determination of types of punishment) and the crimes of indecent act by compulsion (the persons subject to the age of 13 or more) on the general standards (the determination of the recommended area) [the determination of the juvenile] mitigated area: One year to two years (the maximum (one year and six months) and the minimum (three years) shall be mitigated by 2/3);
2. Type I (Determination of the recommended field), special mitigation of the mitigated area: Imprisonment with prison labor for one month or from one year, in a case where the crime of indecent act by compulsion [Determination of the type] and the general standard for the crime of indecent act by compulsion (subject to the age of 13 or more] and the crime of indecent act by compulsion;
3. Many crime processing standards: considering the punishment of imprisonment between one year and two years, it seems that the sentence imposed by the court below against the defendant is somewhat unreasonable, the defendant's assertion is with merit.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.