성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.
2. The crime of this case is a situation unfavorable to the defendant, where the defendant made a statement that he had committed a indecent act by force on two occasions against the victim of 9 years of age residing in adjoining areas, and the nature of the crime is not good, and the victim seems to have suffered a large mental shock. The defendant stated that he was sexually ill at the request of the victim of age, and that he was only sexually imprisoned, and that he is doubtful as to whether he was repented
The fact that the defendant has a negative mind of the victim is recognized, the fact that the guardian of the victim does not want the punishment of the defendant, and the fact that there are no other criminal records than the past sentenced to the fine due to the crime of causing property damage, etc. are favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too unreasonable.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.