아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unhued.
2. The crime of this case was committed by the Defendant with the victim by drinking alcohol, and the Defendant’s act of indecent act by compulsion was committed on the part of the victim at that place, and the nature of the crime is not good.
The victim, who was aged due to the crime of this case, seems to have suffered a considerable sense of sexual humiliation and mental shock along with it.
However, the Defendant recognized the crime of this case and reflected his mistake.
The crime of this case is deemed to have committed contingent acts while under the influence of alcohol, and the degree of indecent acts is not much severe.
The defendant agreed with the victim, and the victim does not want to punish the defendant.
At the time of committing the instant crime, the Defendant was a juvenile of 18 years of age, and there was no record of criminal punishment in addition to juvenile protective disposition.
In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.