Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
A summary of the grounds for appeal asserts that the defendant's punishment (15 million won in penalty, and 40 hours in completion of sexual assault treatment programs) declared by the court below is too unreasonable because it is too unreasonable, and that the prosecutor is too unfeasible and unfair.
Judgment
Examining the various sentencing conditions in the instant case, it appears that the Defendant appears to reflect the wrongs while committing the crime from the investigative agency to the trial of the party, and appears to have reached a somewhat contingent crime due to drinking, and according to the written opinion submitted by the attorney-at-law of the victims to the court of original instance, although the agreement was not prepared in light of the circumstances, the victims’ references want to punish the Defendant significantly, there was no past record of criminal punishment of the same kind of sex crime or suspension of execution or more severe punishment, and the Defendant appears to have been detained beyond one month in the instant case, and thus, he appears to have been given an opportunity to reflect and self-esteem.
On the other hand, the crime of this case committed an indecent act by the Defendant with the sexual organ of the victimized children aged nine and seven years old without any particular reason while under the influence of alcohol. The crime of this case is not somewhat weak in light of the course and method of the crime, frequency, age of victims, etc., and the victims are likely to have caused a considerable mental shock and sexual humiliation.
As above, in full view of the following factors: Defendant’s age, sex and environment, family relation, health status, motive, background, means and consequence of the crime, etc., as well as various sentencing conditions as indicated in the instant case, including the circumstances before and after the crime, etc., which are favorable or unfavorable to Defendant, and the lower court appears to have sentenced KRW 15 million to a fine after choosing the fine, taking into account the aforementioned sentencing conditions, and considering special circumstances or changes that may change the sentence of the lower court in the first instance.