아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
The main reason for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, etc.) is too unhued and unfair.
Judgment
The crime of this case is committed by the Defendant’s indecent act by force by approaching the victims who are juveniles on the basis of his discipline, and in light of the subject of the crime, the background and method of the crime, etc., with heavy liability, the victims appear to have suffered a considerable sense of sexual humiliation, and it seems to have a negative impact on the formation of sexual identity and values in the future. Nevertheless, the fact that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant.
On the other hand, it is favorable to the defendant that the defendant has no history of punishment heavier than that of sexual crime or fine, the exercise of force against victims and the degree of conduct of prosecution is not much serious, and that the defendant has committed a crime late later, and that he reflects his mistake.
In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the scope of recommendation, sentence and suspension of execution according to the sentencing guidelines established by the Supreme Court sentencing committee, it is not determined that the sentence imposed by the lower court is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.