아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Although the Defendant’s defense counsel made a mistake of facts in the statement of grounds for appeal, the Defendant’s defense counsel withdrawn it on the 9th trial date, the first trial of the appellate court, and thus, it is not determined separately.
The punishment sentenced by the court below (one year of imprisonment and two years of suspended execution, etc.) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.
Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.
On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)
Judgment
(1) A favorable normal defendant shows the form of reflection, which is recognized as a whole, when committing a crime in the first instance.
The possibility of recidivism in the future is not significant because there is no criminal record for the defendant, and there is no material to see that the defendant has a distorted sexual orientation against children and juveniles.
In the process of indecent conduct against victims, the type of force used in the course of indecent conduct is relatively serious.
In the trial of the defendant, the above victim is seeking the preference against the defendant in consultation with the F of the female victim F.
Defendant.