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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
When the court below sentenced the defendant to be guilty of a crime of forced indecent conduct under Article 298 of the Criminal Act, it was erroneous that the court below ordered the defendant to complete a program on the ground of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The argument is asserted.
However, Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that where a person who commits a sex offense against a child or juvenile is convicted, an order to attend a course or order to complete a sexual assault treatment program shall be concurrently imposed. Article 2 Subparag. 2(c) of the same Act provides that “crimes under Article 298 of the Criminal Act against a child or juvenile” shall be “sex offense against a child or juvenile.” As such, where a conviction is issued against a person who commits an indecent act against a child or juvenile under the Criminal Act (including where the victimized person did not have awareness of the fact that the victimized person was a juvenile as in the instant case), an order to complete a program may be imposed on the grounds of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Therefore, the above argument is without merit.
2. The Defendant was aware of the instant crime and opposed to the mistake.
From middle school to middle school, the Defendant showed symptoms, and the Defendant’s search for obscene materials without proper and continuous treatment seems to be one of the causes of crime.
The family members of the defendant appeal against the defendant's wife while the defendant's family members have received treatment and leading.
However, the crime of this case is an indecent act committed by the Defendant in real time by taking a attitude that causes sexual humiliation to the victim by threatening the victim or by inserting the fingers, etc. on the part of the victim, and by receiving the video in real time, the crime of this case is very serious in light of the method and degree of damage of the crime.
A female student (one-year student).