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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for six years.
. Information on the Defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment (eight years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.
2. Determination
A. The Defendant’s crime in the part of the instant case committed an indecent act or forced sexual intercourse against the victims who are both children’s friendship. The Defendant, while denying that he did not commit an indecent act or forced sexual intercourse during the trial of the lower court, should have been led to the confession of the victims, and the victims and their families, who are children and juveniles at the age, suffered serious physical and mental pain due to the instant crime, are disadvantageous to the Defendant.
However, the Seoul Central District Court held on May 7, 2004 that there is no criminal record except for the punishment of a fine due to a violation of the Sound Records, Video Products and Game Software Act (violation of classification) by the defendant, the defendant's mistake is divided into one's own mistake, and the mother of the victim expresses his intention not to punish again against the defendant, the victim expresses his intention not to punish again, and if the life of the defendant is excessively prolonged, the rearing and protection of the children of the defendant supported by the defendant might be neglected. In addition, considering the various sentencing conditions such as the defendant's age, character, family environment, motive and circumstance of the crime, and circumstances before and after the crime, the sentence of the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
B. When the defendant filed an appeal against a prosecuted case, the part of the case for which the attachment order is requested shall be subject to a request for attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.