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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
1. The lower court’s sentencing on the gist of the grounds of appeal is too unreasonable.
2. The Defendant committed an indecent act from the first day when the victimized person, who was a juvenile, committed an indecent act on his part, and attempted to commit an indecent act to a strong degree to the point that the injured person did not resist the said act.
In light of the relationship between the defendant and the victim, the crime has been committed repeatedly, etc., the nature of the crime is very bad.
As a result, the victim is likely to feel a considerable sense of sexual shame and to have a bad influence on the victim's growth by creating sound sexual identity and values in the future.
Such circumstances are disadvantageous to the defendant.
On the other hand, in 1977, the defendant has no record of punishment other than being punished once by a fine for violent crimes.
The Defendant appears to be against the Defendant when all the instant crimes were committed in this court, and the victim did not want to be punished by the Defendant by providing reasonable compensation to the victim and mutual consent.
Such circumstances are favorable to the defendant.
In addition, when comprehensively considering the defendant's age, sex, environment, family relationship, motive, means and result of the crime, various sentencing conditions specified in the arguments and records of the case, and the range of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s legal statement made in this court” to “a summary of evidence” as stated in the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.