아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The defendant's appeal is dismissed.
In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (the completion of a sexual assault treatment program with four years and 80 hours) is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant include: (a) the Defendant appears to have been aware of and against the instant crime; and (b) the fact that there is no other criminal record except for those sentenced to two times of fines.
Meanwhile, the crime of this case is an unfavorable circumstance against the defendant, such as rape, intimidation, assault, and assault of the victim C in a de facto marital relationship with the defendant over several occasions, assaulting the victim D's sexual organ against the victim E, which is a child or juvenile, and committing an indecent act by force. In light of the content, method, circumstances, frequency of the crime, and the relationship between the defendant and the victim, etc., the crime is inadequate and the victim seems to have suffered considerable mental suffering due to the act committed with the defendant during the period of living with the defendant. The victims want to severely punish the defendant, and the defendant did not receive a letter from the victims up to the trial of the case.
As above, comprehensively taking into account all the conditions of sentencing as shown in the records and theories of the instant case, including whether the sentencing factors favorable or unfavorable to the Defendant are different, Defendant’s age, sex and environment, family relationship, motive and background of the crime, and circumstances before and after the crime, etc. In addition, considering such factors of sentencing, the lower court appears to have sentenced the Defendant for a period of four years within the scope of recommendations stipulated in the applicable sentences and sentencing guidelines (three to nine years), and even if there are no special circumstances or changes in circumstances that may reduce the sentence of the lower court in the first instance trial, the sentence imposed on the Defendant is within the scope of the appropriate punishment according to the Defendant’s criminal liability.