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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The Defendant, from the lower court, led to the confession and reflect of all of the instant crimes, and committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.
At the time of the crime of this case, there was no criminal records of criminal conviction or punishment against the defendant.
In addition, the fact that the crime of this case is necessary to consider equality with the case where the judgment is rendered simultaneously with the special assault crime, etc. of which judgment has become final, is favorable to
However, the crime of this case was committed several times on the ground that the defendant forced the victim to commit sexual traffic by threatening the victim, and the victim did not respond to the request, even though the defendant received the request from the parent of the victim to find the victim's location, and the victim did not respond to the request, and the crime of this case was frighten in light of the nature and content of the crime.
On March 28, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor for special larceny at the Daegu District Court on March 28, 2019, and 2 years of suspended execution, but there is a high possibility of criticism for the instant crime, and there is a need for strict punishment accordingly.
The defendant did not receive a letter from the victim until now.
Article 14(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person shall be punished by imprisonment for a limited term of not less than five years with respect to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.). On that matter, the lower court determined a punishment through mitigation (voluntary mitigation, concurrent treatment, and mitigation) twice so as to be close to the lower limit of the applicable sentences under law.
In addition, considering the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments of this case, the punishment sentenced by the court below is appropriate and too appropriate.