성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (the imprisonment of three years, the suspension of execution of four years, the disclosure and notification of personal information, five years, observation of protection, and 40 hours during the course of sexual assault treatment) imposed by the court below is too unfeasible and unfair.
Judgment
Examining the various sentencing conditions of this case on the part of the defendant, the crime of this case was committed by the defendant on seven occasions in total against five persons, including the defendant, including the apartment house in front of the wharf operated by the defendant from May 2016 to October 2016, the bus stop, etc., 7, 12, 14, 4, 22-year-old female children, and 22 years-old female children, and 4, 22 years-old female children, etc., and were committed by force. The crime of this case was committed by force. The crime of this case was committed in light of the course and method of the crime, number of times, the age of victims, etc., and it seems that the victims might have caused considerable mental impulse and sexual humiliation, but the victims' failure to receive a letter is disadvantageous to the defendant.
On the other hand, the fact that the defendant seems to reflect the wrongness while committing all crimes, three years of imprisonment with prison labor and four years of suspension of execution due to the crime of bodily injury resulting from forced indecent conduct in 193, but there was no record of sexual assault from that time to that of this case, and that there was no record of sexual assault crime from that time, the brain path of 5th old age is the disabled in brain path due to the age of 75 years, and from November 201, the fact that the defendant was hospitalized due to symptoms such as stroke, dementia, alcohol dependence, etc., and that it was difficult for the defendant to move, is favorable to the defendant.
As above, the court below comprehensively takes into account the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime; and (b) various sentencing conditions that are shown in the records and theories of changes, such as the circumstances before and after the crime; and (c) further, the lower limit of the recommended sentencing guidelines set by the sentencing guidelines (4 years to February 1) is somewhat lower, taking into account these factors into account.