성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for three years, five years of suspended sentence, 120 hours of community service, and 80 hours of taking lectures to treat sexual assault, and 3 years of disclosure and notification of information) of the lower court is deemed to be too unfasible and unfair.
2. Determination:
A. The lower court sentenced the Defendant to three years of imprisonment, suspension of execution five years, community service, 120 hours, and 80 hours of taking class for sexual assault treatment, information disclosure, and three years of notification, considering the following circumstances: (a) the instant crime was committed under the age of 9, which led to indecent act by force by force by force, and the nature of the crime was very good; (b) the victim’s family members appear to have suffered mental shock due to the instant crime; (c) the victim’s family members want to be punished for the same crime; (d) there was no history of punishment for the same crime; and (e) the extent of the type of the Defendant’s exercise was not significant; and (e) the Defendant’s age, character and conduct, motive and background of the crime; (e) the means and consequence of the crime; (e) the means and consequence of the crime; and (e) various conditions indicated in the records and arguments, such as the circumstances after the crime; and (e) the sentencing guidelines set by the Sentencing Committee.
B. Examining the record, even considering the circumstances cited in the grounds of appeal, the lower court’s sentencing is not deemed to be unreasonable.
The grounds for appeal are without merit.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.