성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was drunk and was in a state of mental weakness.
B. The sentence of the lower court’s improper sentencing (three years of imprisonment, 40 hours of order to complete the course) is too unreasonable.
2. Determination
A. The Defendant asserts that, at the time of the instant crime, two persons engaged in the instant crime, all of whom together with 4-5 illness per week, and 25 illness per week, drinking alcohol.
Even if it is recognized that the Defendant had drinking as claimed by the Defendant, the Defendant had drinking alcohol in the frequency and singing room from the day of the instant case to April 00, 200, the Defendant’s usual drinking amount was 2 to 3 times a week, the Defendant’s usual drinking amount was almost 1 to 4 canns a week or beer per day, and at least 1 to 4 cans a week a day, and at the time of the instant case, the Defendant offered to be allowed to go through the sobry of this case at around 4:00 when he refused to go through the sobry, and went through the sobry of this case at around 5:0. The time of the instant crime was 5:24 (Evidence evidence record, 71, 83, 159c). Considering that the Defendant had the ability to do so at the time of the instant crime by taking into account the circumstances before and after the instant crime, circumstances leading up to the occurrence of the following crimes, circumstances leading up to the Defendant’s behavior and image at the time of the Defendant’s act were committed.
It is difficult to see it.
This part of the defendant's assertion is without merit.
B. The Defendant committed any contingent crime while drinking alcohol, and the Defendant has no record of committing any sexual crime, etc. are favorable to the Defendant.
On the other hand, the crime of this case was committed by indecent act against the victim of 10 years of age set out in soup, and it is not good that the crime may have a negative effect on the victim at the time of forming sexual identity and values, and the victim still remains.