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.
except that, for three years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (two years and six months of imprisonment) is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the court below's punishment is too uneasible and unfair.
2. The crime of this case in that the Defendant committed the crime of this case by compulsion of a child and its nature is poor, and such crime adversely affects the healthy and sound growth of the victimized child cannot be deemed to be less than that of the crime.
Meanwhile, there are extenuating circumstances, such as the fact that the degree of the type of force used by the Defendant at the time of committing the instant crime and the degree of indecent act is not much serious, and the Defendant recognized his criminal act and committed an indecent act against the mistake. Based on such attitude, the victim does not want the punishment against the Defendant by mutual consent between the victim and the victim, and the Defendant does not have any other punishment except for the crime of violating the Road Traffic Act two times prior to about 20 years.
In full view of the following circumstances, including these circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions for sentencing, and the scope of recommended sentences and standards for suspension of execution according to the sentencing guidelines, the sentence of two years and six months sentenced by the lower court is less unfavorable than the Defendant’s liability.
It is judged that it is too unreasonable rather than that.
Therefore, the prosecutor's assertion that the sentence of the court below is too unjustifiable, is without merit, and the defendant's ground of appeal that the sentence of the court below is too unreasonable is with merit.
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.
【Criminal facts of the new judgment】