강제추행
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case for which the request for attachment order was sought, and the court's scope of trial was limited to the part of the defendant's case for which the defendant was found guilty (the case for which the request for attachment order was filed under Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is considered to have been appealed, but only the defendant appealed, there is no benefit to review and determine the case for which the request for attachment order was filed, and no reason exists to determine ex officio discretion that could differ from the conclusion).
A. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.
B. In light of the circumstances leading up to the illegal act of the instant crime, the age and family relationship of the Defendant, the victim’s intent, etc., there are special circumstances under which personal information may not be disclosed to the Defendant.
3. Determination
A. The circumstances favorable to the Defendant include: (a) the Defendant’s relatively young age against his mistake; (b) the Defendant did not want punishment against the Defendant by mutual consent with the victim; (c) the relationship between the Defendant and his family appears to be clear; and (d) the family members wanting to take the Defendant’s seat.
However, the crime of this case is deemed to have been committed by indecent act by force before the defendant's house in order to satisfy his distorted sexual satisfaction, and it cannot be deemed as a contingent crime. The victim is a young female under the age of 20 and seems to have suffered a considerable sexual health and mental or physical shock due to the instant case, and the defendant committed the crime of indecent act similar to the instant case and thus, suspended the execution of imprisonment.