성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical weakness due to drinking at the time of each of the instant crimes.
2) The punishment sentenced by the lower court to the Defendant (two years and six months, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination
A. In light of the following: (a) the process, content, means, and consequence of each of the instant crimes, which were duly adopted and examined by the lower court; and (b) the circumstances before and after the commission of each of the instant crimes (in particular, the Defendant engaged in financial transactions using the bank unmanned cash withdrawal machine (TM) established within D apartment units prior to each of the instant crimes; and (c) the Defendant was in a state of mental and physical weakness due to drinking, as alleged at the time of each of the instant crimes.
Therefore, this part of the defendant's assertion is without merit.
B. As to the unfair argument of sentencing, many favorable circumstances for the defendant, which were shown in the proceedings of the original trial and the trial of the party (the defendant since the original trial, has led to the confession of all crimes of this case and against the mistake
In light of the fact that the defendant made a statement and the fact that he does not have the same criminal record as the defendant) and various unfavorable circumstances (each of the crimes of this case committed by the defendant is committed with attempted indecent or forced indecent act by a female under the age of 13 years who does not have any awareness as stated in the judgment of the court below, and the nature of the crime is serious in light of the crime circumstances, the method and method, and the result, etc., each of the crimes of this case committed by the defendant and each of the crimes of this case committed by the defendant are shown to have a considerable mental impulse, and it also has a negative effect on the victims of this case committed by the defendant to form a sound sexual identity and values in the future.