성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. As to the part of the Defendant case, the lower court accepted the prosecutor’s request regarding the part regarding which the request for attachment order was filed, and rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for probation order was filed, and only the Defendant and the person against whom the request for attachment order was filed (hereinafter “Defendant”) appealed.
Therefore, the Act on the Electronic Monitoring, etc. of Electronic Devices, which was amended by Act No. 16923, Feb. 4, 2020, and enforced from August 5, 2020, was amended to “Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders” as “Act on the Electronic Monitoring, etc. of Electronic Devices.”
Notwithstanding the provisions of Articles 21-8 and 9(8), the scope of trial of this court shall be limited to the part of the defendant's case and the part of the case of request for attachment order, and the part of the request for probation order shall be excluded from
2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
3. Determination
A. The Defendant’s crime in the part of the instant case committed by the Defendant was committed by indecent act and abuse against the victim even though the Defendant was in a position to look at the victim’s mother, and the nature of the crime was bad, and the victim, who was at the time of forming a sound sexual identity and values, was obviously suffering from extreme physical and mental pain due to the instant crime, and the Defendant committed the instant crime even though he was punished by imprisonment for committing the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.).
On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the victim does not want the punishment of the defendant is favorable to the defendant.
. The above.