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광주고등법원 (전주) 2015.09.22 2015노126
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the defendant committed the crime of this case against the other party's wife who promised to marry as the object of his sexual desire. In light of the following, it is inevitable to punish the defendant with severe punishment corresponding to his liability, taking into account the following: (a) the other party's wife who committed the crime of this case by inserting his fingers several times as the target of his sexual desire; (b) the act of similarity by inserting his sexual organ into the port, etc.; (c) the crime of this case is very poor in light of the method and frequency of the crime; and (d) the victims have suffered considerable mental shock and pain due to the crime of this case; and (e) the victims are expected to have negative impact on the growth process and social life

On the other hand, the fact that the defendant recognized his mistake and seriously reflects the defendant, that the defendant has no record of being punished for the same crime, and that there is no record of criminal punishment exceeding the fine exceeding the fine of two years other than that sentenced to the suspension of execution in August of 14 years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) before the divorce, that the defendant deposited a certain amount (20 million won) for the recovery of victims' damage, and that the defendant raises two children after the divorce, etc. shall be favorable or considered to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, various conditions of sentencing indicated in the records, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence imposed by the court below against the defendant is somewhat inappropriate.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Thus, the defendant's appeal is justified.

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