아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (a punishment of two years of imprisonment, a suspended sentence of three years, an order to attend a sexual assault treatment lecture for forty hours, and an order to provide community service for 120 hours) is too uneasible and unreasonable.
2. The Defendant was aware that he had known to the general public.
The first day of the crime in E and the instant case committed the instant crime by forcing the victim to commit the instant crime by committing an indecent act in response to the victim's chest to talk with the victim's chest while drinking together with the victim, who is a juvenile of 14 years old and older at the same time on the day of the crime. In light of the content of the crime, the crime is very serious.
Although the Defendant appears to have received a considerable sense of sexual humiliation and mental impulse due to the above crime by the Defendant, the Defendant did not make efforts to recover the damage properly, and the victim wanted to be punished by the Defendant.
These circumstances are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake, and that the defendant was the first offender who had no record of committing the crime of this case before the crime of this case is favorable to the defendant.
If there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
Therefore, in full view of the above circumstances and all the sentencing conditions of the Defendant’s age, sex, environment, family relationship, relationship between the Defendant and the victim, circumstances after the commission of the crime, as well as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable and it is not determined that the sentence imposed by the lower court is unreasonable.
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 grounds that the appeal is groundless.