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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. The lower court’s sentencing is too uncomfortable.
2. The crime of this case requires strict punishment against the defendant, considering the following facts: the defendant, by deceiving the victimized child, who was the fifth grade of elementary school, taken the inside, body, etc. below the body of the injured party using mobile phone camera, continued to board the elevator together with the elevator, and committed an indecent act by deceiving the injured party with his arms or selling with his hand, which is not good in the nature of the crime; and the crime of this case seems to have been committed with considerable mental suffering and pain, etc.
However, the defendant recognized all of the crimes of this case, and submitted a written agreement to the court below on January 4, 2019 by promising that the defendant would be liable for damages in the event of a violation of the duty not to access to the victim and his family members, and the public defender of the victim was confirmed at the time of the preparation of the written agreement. The court below did not include the grounds for sentencing. The court below's decision does not include the grounds for sentencing.
According to the results confirmed by the trial court, the victim's state appointed defense counsel has participated both in the victim's parents at the time of agreement, and it is known that the victim's intent is reflected in the agreement process.
The age, character and conduct of the defendant.