성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the suspended sentence of KRW 3 million) is too uneasy and unreasonable.
2. The judgment of the defendant led to the confession and reflect of the crime of this case, the defendant was the primary offender, the defendant was the disabled of class 4 with a delay disability, and the defendant's health conditions are not good, such as serious recognition disorder, unstable pathy, and verbal disorder, and his family members make every effort to prevent recurrence.
In full view of the facts and developments leading up to the instant crime, and the means and consequence thereof, the circumstances after the instant crime, the Defendant’s age, the Defendant’s sexual behavior, and the environment, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above 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 prosecutor's appeal is without merit. It is so decided as per Disposition.