성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
All judgment of the court below shall be reversed.
The defendant shall be sentenced to imprisonment with prison labor for each crime of the original judgment of the court of first instance, and the second and third original judgments.
1. The first instance court rendered a judgment of conviction on the part of the defendant's case and dismissed the prosecutor's request on the part of the attachment order case. Since only the defendant appealed on the first instance judgment, the scope of this court's judgment on the first instance judgment is limited to the part of the first instance judgment on the defendant's case.
2. Summary of grounds for appeal;
A. On the first judgment of the court of first instance (the defendant), the sentence of the court of first instance (the imprisonment of four years and six months, and the sexual assault treatment program 100 hours) is too unreasonable.
B. On the judgment of the second instance court (public prosecutor), the sentence of the second instance court (a fine of 4 million won, order to complete a sexual assault treatment program 80 hours, confiscation) is too uneased and unreasonable.
C. On the third judgment of the court below (Defendant 200,000 won), the sentence of the court of the third instance (defendant 200,000 won) is too unreasonable.
3. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.
On the first and third original judgments, the defendant filed an appeal by the prosecutor against the second original judgment, and this court decided to consolidate the above appellate cases.
Each crime of the second and third original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Therefore, the second and third original judgments cannot be maintained as they are.
4. The defendant's act of similarity in this case, which judged on the grounds of appeal against the judgment of the court of first instance, is a similar act against a victim aged eight in order to take distorted sexual desire, and the crime is very heavy.
After committing the above crime, the Defendant took money by threatening the victim.
In addition, it is inevitable to strictly punish the victims in that the victims have stolen property from another person's building or motor vehicle on five occasions, and taken the victims' body against their will.
3.2