성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. It is improper that the court below did not confiscate the provisional seizure made by the court below.
B. The sentence sentenced by the court below to the defendant (five years of suspended sentence for three years of imprisonment, five years of probation observation, and 80 hours of order to attend a course) is too uneasible and unfair.
2. Determination
A. As the confiscation under Article 48(1) of the Criminal Act regarding the assertion of omission of confiscation is discretionary, the issue of whether to confiscate an article subject to confiscation is subject to the requirement of confiscation is at the discretion of the court (see Supreme Court Decision 2005Do8174, Apr. 24, 2008). In light of the degree of infringement of the victim’s legal interests by the instant crime, the motive for the instant crime, the degree used in the commission of the crime, the importance of the crime, the importance of the crime, and the degree of risk and degree of the Defendant’s re-execution of the same kind of crime, if not confiscated, the lower court does not seem to violate the principle of proportionality (see Supreme Court Decision 2012Do1586, May 23, 2013). This part of the Prosecutor’s assertion is rejected.
B. Circumstances unfavorable to the determination of unfair sentencing - the Defendant committed an indecent act against the victim who is a relative.
The mental suffering, including a sense of sexual humiliation, caused by the instant crime, is significant.
- The Defendant was driving 2 times in the process of avoiding the investigation into the instant crime.
favorable circumstances - The defendant recognizes the crime of this case.
- The victim does not want to be punished by the defendant by mutual agreement with the victim.
The extent of indecent conduct against the victim by the defendant shall not be severe.
- there is no history of punishment for sex crimes against the accused.
- The Defendant was detained for two months due to the instant crime.
In addition, the above circumstances and the defendant's age, sex, environment, motive, means, and consequence of the crime.