Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principles is a case in which the defendant was aware of his own principal, and the defendant was committed by indecent act against the victim of the second degree of intellectual disability (the victim of the second degree of age), and the responsibility of the crime is not sufficient, and the crime of this case seems to have suffered a considerable mental pain with a sense of sexual humiliation. Nevertheless, the defendant's strong denial of the crime up to the judgment of the court below, and there was a lack of reflective color presented by the sentencing guidelines while the crime of this case was committed in full, and the victim argued that the victim was maliciously dead, causing secondary damage to the victim, and even though 190 had been sentenced to three years of imprisonment with prison labor for the crime of minor adultery, it is recognized that there was an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the victim committed the crime of this case was committed by multiple times.
However, when the defendant made a confession of the crime of late late in the trial, the victim's side did not want to be punished against the defendant in accordance with the agreement with the victim's side, the defendant is now aged 76 years old due to the 1938 life, and such circumstance seems to have affected a certain part of the crime of this case. Considering such physical and mental condition as above, it seems difficult to cope with confinement life in light of the above physical and mental condition. The above previous conviction and the above punishment of a fine of 5,00 won in violation of the Military Service Act of 1970, and a fine of 1,50,000 won in violation of the Urban Planning Act of 198, and the factors of sentencing to be considered objectively and neutrally, such as there are no other criminal power, and the factors of sentencing to be considered.