성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution) is too unhued and unfair.
2. The instant crime committed by the Defendant was committed by indecent act by force, and the nature of the crime is not good.
Due to the instant crime, the victims are likely to feel a considerable fear, and the mental shock seems to be also significant.
The victims and their families want to be punished by the victims.
However, the defendant seems to have committed the crime of this case in a state of mental disability as the disabled of the third degree with intellectual disability who shows symptoms of impulse disability.
The defendant recognized all of the crimes of this case, and reflects his mistake, and the family members of the defendant are under medical treatment and supervision of the defendant.
The defendant has no history of criminal punishment.
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.
Therefore, prosecutor's assertion is without merit.
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.