성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal is that the lower court’s sentence (30 million won in penalty, 40 hours in order to complete a program) is too hot or (the Defendant) is too hot.
2. The crime of indecent act in the instant case committed on the basis of the following facts: (a) the Defendant committed an indecent act against the victim under the age of five is an indecent act; (b) the Defendant had been punished several times due to the past violent crimes; and (c) the Defendant committed each of the instant crimes even when he had been in the probation period at the time of the instant crime; and (d) the Defendant committed each of the instant
On the other hand, in light of the fact that the defendant has committed a crime in the first instance trial and is against the defendant, that the victim does not want the punishment against the defendant, that is, the degree and degree of conduct of the victim's use of the crime of indecent act in the instant case, that the defendant does not have any criminal record, that the defendant's wife and his/her children have been punished against the defendant several times, and that the defendant's family ties relation seems to be strong, can be considered in favor of the defendant.
In light of the aforementioned favorable or unfavorable circumstances, as well as the Defendant’s age, sex, family relationship, environment, the circumstances leading up to each of the instant offenses, and the circumstances after the commission of the offense, it does not seem that the lower court’s punishment on the Defendant is too heavy or unreasonable to the extent that it should be destroyed because it is too heavy.
All the arguments of the defendant and the prosecutor are without merit.
3. The appeal by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.