성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is unreasonable because the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) (two years and six months of imprisonment, three years of suspended execution, three years of community service, 120 hours of sexual assault treatment, and 80 hours of sexual assault treatment order) is too unfasible.
In addition, in light of the background of the crime of this case, the relationship between the defendant and the victim, and the circumstances after the crime, etc., the court below dismissed the defendant's request for the attachment order of this case, even if the defendant is likely to repeat a sexual crime
2. The crime of this case was committed against the victim on the biological face by the defendant and committed an indecent act against the victim on the biological face, and the crime was not committed in good condition.
However, considering the favorable circumstances, such as the fact that the degree of exercise of the tangible force of the instant crime does not seem to have been serious, the victim’s wife was in agreement with the victim, the fact that there is no same criminal history for the Defendant, and the fact that K, an employer of the Defendant, is in a social ties relationship with the Defendant, such as preparing an agreement on behalf of the Defendant and promoting education for the prevention of sexual assault, etc., and taking into account all other factors of sentencing as indicated in the arguments, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstance after the crime, etc., the sentence imposed by the lower court is too unreasonable.
Therefore, prosecutor's ground of appeal on this issue is without merit.
Meanwhile, according to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, when a suspended sentence is imposed with respect to a specific crime case, a request for an attachment order shall be dismissed, unless it is necessary to order the probation and to verify the implementation of the matters to be observed.
As seen earlier, the lower court’s sentence that rendered a suspended sentence against the Defendant is justifiable.