성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this shall not apply.
The court below's scope of adjudication was sentenced to a judgment dismissing the prosecutor's request with respect to a case prosecuted against the defendant in the judgment of conviction, and the defendant appealed only against the defendant. Accordingly, there is no benefit of appeal with respect to the request for attachment order.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order against the defendant is excluded from the scope of the judgment of this court.
Summary of Grounds for Appeal
The sentence of the court below (two years and six months of imprisonment) is too unreasonable.
Judgment
In the case of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) [the decision on the types of punishment] a sex crime under the age of 13] and indecent act by force (type 3): - In the case of an indecent act: In the case of an indecent act: the degree of an indecent act: a person under the special protection place - [the scope of a recommendation sentence] basic area / 4 to 7 years [the general person] a reduction element - the application of the standards for the disposal of a large amount of deposit crime / [the scope of a recommendation sentence] the result of the application of the standards for the disposal of a large amount of deposit crime / [the scope of a sentence of punishment] 4 to 10 years (a maximum of the sentence of a basic crime ] 1/2 (the sum of the crimes in this case involving six years and six years) of the maximum punishment scope of the concurrent crime, which is vulnerable to the crime, and formed sexual identity and values at the time of the crime, it appears to be highly unfavorable to the victim’s age and its mental suffering.
(b).