미성년자의제강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the assertion of unfair sentencing is too uneasible and unfair. 2) The lower court’s decision that exempted the disclosure and notification order on the ground that there are no special circumstances that the disclosure and notification order should not be disclosed or notified of the personal information of the Defendant.
2. Determination
A. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.
There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant had no record of criminal punishment, the fact that the Defendant was aware of his/her criminal act, the fact that his/her family members show an attitude against him/her, and the Defendant’s family members show continuous interest in the Defendant, etc., and the fact that the Defendant’s left eye is not well visible due to his/her anti-gradity.
However, the crime of this case, after the defendant was aware of the victim who is the elementary school student of the age of 12 through hosting, he is called "10," and the conversation is divided by hosting over the same as his parents, and the victim was found to have a sexual intercourse at the victim's house after finding the victim away from his parents. Thus, even though the defendant did not exercise the tangible power, such as assault and intimidation, against the victim during the crime, the crime is not less than 13 years old since the crime is committed against the child under the age of 13 who lacks the ability to judge, and the crime is not less than mix in that it is a crime committed against the child under the age of 13, who is not an inappropriate person from the outside, and without exercising physical power, it is protected to protect the right and interest to form sexual identity and values without any psychological disorder, and thus, the crime of this case, which provides that even if consent is given to sexual intercourse, it shall be punished in the same way as the crime of rape.