아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a mental disorder, satisfing excessive alcoholic beverages.
B. The lower court’s sentence of unreasonable sentencing (fine 10 million won, etc.) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the crime of this case.
However, in light of the aforementioned evidence’s circumstances, means, Defendant’s behavior before and after the crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions at the time of the crime in this case.
(P) Even if the defendant was in a state of mental disability, as long as he/she did so by his/her own responsibility, Article 10 of the Criminal Act is excluded in accordance with Article 20 of the Special Act on the Punishment, etc. of Sexual Crimes.
As to the assertion of unfair sentencing, the instant crime is an indecent act against a child under the influence of alcohol, and is not good.
As a result of the instant crime, not only the victimized children, but also the children who were in the same place were suffering from mental shock and fear.
However, according to the various sentencing data submitted in the trial as well as the confession and depth of the crime of this case, it is thought that the defendant is not guilty of a similar crime in the future because he had shown well well well, and there is a need to take special consideration from a criminal correctional perspective for the defendant who has experienced a shocking event in an influenced family environment, and experienced psychological soar, and is currently living in good faith as the support of the defendant's wife and her child. The defendant has no criminal records, and there is no other criminal records for the defendant, such as age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.