미성년자의제강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.
B. It is unreasonable for the lower court to order the child juvenile-related institutions, etc. to restrict employment for a period of five years.
2. The crime of this case is highly likely to be criticized because the defendant puts the defendant's sexual organ into the mouth of the victim who was not in the sixth grade of elementary school, and sexual intercourse with the victim.
However, the Defendant had no record of criminal punishment before committing the instant crime.
The defendant made a confession of rape that was denied in the court below for the first time, and recognized the mistake and reflects it.
The father of the defendant agreed to pay compensation for damage between the father and the father of the victim, and the father of the victim wanted to have his/her wife against the defendant (Provided, That the victim did not express a clear opinion on the punishment of the defendant or the wife). The joint defendant B of the court below who committed the crime of minor rape against the same victim was sentenced to suspension of execution by agreement between the father and the father of the victim.
In full view of all such circumstances, considering the age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. Since the defendant's argument that the sentencing of the defendant is unfair is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the unfair argument about the employment restriction order, and the judgment below is again ruled as follows.
[Majority Opinion] The summary of facts constituting an offense and evidence recognized by this Court is the Defendant “Defendant A’s partial legal statement” among the gist of the evidence of the lower judgment.