아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
(2).
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment and three years of suspended execution, etc.) is too unhued and unreasonable.
The judgment of the court below that dismissed a prosecutor's request for attachment order and probation order shall be unfair.
2. Determination
A. Determination on the Defendant’s case 1) Determination on the assertion of unreasonable sentencing is not an unfavorable circumstance to the Defendant, the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “Defendant”).
① Even if the Defendant was sentenced to a suspended sentence of imprisonment for committing a sexual crime, the Defendant committed the same crime during the suspended sentence period; ② the Defendant committed the instant crime even before the commission of the instant crime (the crime on June 20, 2018), and ③ the Defendant’s act before and after the instant crime appears to have been committed with fear of considerable fear.
B) Notwithstanding the above unfavorable circumstances, it is difficult to see that the lower court’s sentence is too unjustifiable in that it is deemed unfair in the following respect (not only to the extent of mental disability, but also to the extent that the Defendant’s mental disorder, such as “a mental disorder,” which entails an excessive activity, seems to have an impact on the instant crime.
In light of the motive and circumstances of the crime of this case, it is difficult to expect the achievement of the general prevention purpose or special prevention purpose through punishment only, and rather, it is necessary to pay appropriate attention to the defendant and protective treatment.
To this end, the father of the defendant voluntarily retires, and the parents of the defendant are thoroughly protecting and supervising the defendant.
Defendant
In light of the family relation, the degree of interest of the defendant's parents in the defendant's family relation, the family environment, the methods and period of hospitalized treatment against the defendant, etc., the protection and supervision of such defendant's parents, and the treatment of the defendant.