아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence sentenced by the court below to the defendant (the punishment amounting to KRW 15,00,00,000, and the order to complete a sexual assault treatment program for 40 hours) is too uneasible and unfair.
B. In light of the type of the Defendant’s act, the nature of the crime, etc., the Defendant is likely to recommit a sexual crime.
Nevertheless, it is unreasonable for the court below to exempt the defendant from issuing an order to disclose and notify personal information.
2. Determination
A. The instant crime of determining the illegality of sentencing is an indecent act committed by the Defendant against a female juvenile who is aged at the convenience store in his house, and is not good enough to commit the instant crime.
The victim seems to have suffered considerable mental impulse due to the crime of this case.
Nevertheless, the Defendant did not receive a letter from the injured party.
However, the Defendant recognized the crime of this case and reflected his mistake.
The defendant seems to have committed the crime of this case in a drunken manner.
The degree of criminal defendant's conduct that he/she used for the victim is relatively relatively less and the defendant did not exercise any specific force in the process.
Defendant has no record of criminal punishment for the same crime.
In addition, comprehensively taking account of all the sentencing conditions shown in the argument of this case, including the defendant's age, sex, environment, etc., the sentence imposed by the court below against the defendant cannot be deemed unfair because it is too low.
Therefore, this part of the prosecutor's argument is without merit.
B. The Defendant’s age, occupation, social relation, criminal record and risk of recidivism, circumstances leading to the instant crime and the details of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the instant disclosure and notification order, and the effectiveness and effectiveness of the instant sexual crime that may be achieved by such order.