성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the part of the case of the defendant and the decision of the court below) and the sentence of the court below (the suspended sentence of 2 years and 6 months) are deemed to be too uneasible and unfair.
2. Determination
A. The lower court sentenced the Defendant to a suspended sentence of two years and six months, taking into account the favorable and unfavorable circumstances of the Defendant, and sentenced to a suspended sentence of two years and six months.
When comprehensively considering the Defendant’s age, sex, environment, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, including the fact that the Defendant agreed with the victim for the first time, the sentence of the lower court cannot be deemed to be unfair because the sentence of the lower court is too uneasible.
The prosecutor's improper argument in sentencing is without merit.
B. As long as a prosecutor filed an appeal against the Defendant’s case, the part of the case for which the attachment order is applied is deemed to have filed an appeal regarding the case for which the application for the attachment order is filed under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., but there are no grounds for reversal on this part of the petition of appeal or the written reason for appeal submitted by the prosecutor, as well as there are no grounds for reversal ex officio.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, Article 364(4) of the Act on the Protection and Observation of Specific Criminal Offenders, and Article 35 of the Act on the Electronic Monitoring, etc.