성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant of unreasonable sentencing (the 4 years of suspended execution, the 80 hours of probation, and the 80-hour order on the two years and six months of imprisonment) is too uneasible and unfair.
B. It is unreasonable for the lower court to exempt the Defendant from the disclosure notification order and the employment restriction order, in the absence of special circumstances that do not disclose or notify the Defendant’s personal information, which is improper to exempt the Defendant from the disclosure notification order and the employment restriction order.
2. Determination:
A. The Defendant committed an indecent act three times a day on the argument of unfair sentencing - The Defendant committed an indecent act on the victim who is a juvenile in a relative relationship.
The nature of the defendant is bad.
- The defendant's crime has suffered mental or physical suffering including a sense of sexual shame and seems to have a significant negative effect on the formation of sexual identity in the future.
favorable circumstances - The Defendant recognized the entire crime of this case and reflects it.
- The Defendant is a primary offender.
- The defendant does not want the punishment of the defendant by mutual consent with the injured party when he is in the trial.
In full view of the above circumstances and other factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.
The prosecutor's assertion of unfair sentencing is not accepted.
B. Determination of the illegality of disclosure notification order and exemption order of employment restriction is based on the following: (a) the Defendant’s age, occupation, risk of recidivism, etc.; (b) characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime; (c) the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order; and (d) the disclosure order or notification order.