성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unfair.
2. The judgment of this case is an unfavorable circumstance to the defendant, for the following reasons: (a) the defendant committed an indecent act by inserting his finger in the body of the victim, who is a father of a de facto marital spouse, and the victim was consulted at the school around the time of this case or hospitalized treatment due to an unknown salvy in detail; and (b) the defendant could be related to the injury of the indecent act by compulsion; and (c) the defendant did not receive a letter from the victim and his mother until the trial of the case.
On the other hand, the circumstances favorable to the defendant are that the defendant led to the confession of the crime from the court below and repents the mistake, that the exercise of the tangible power of this case is not more serious, and that the defendant does not have the same criminal power.
In addition, the sentencing criteria of the Sentencing Committee are not applied in the case of various conditions of sentencing, such as the defendant's age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime. However, the scope of the punishment by law is from June to June of the imprisonment with prison labor.
In full view of the above, the sentence imposed by the court below against the defendant is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, Article 4 of the Addenda to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) of the lower judgment’s application of the Act on the Protection of Children and Juveniles against Sexual Abuse, “Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse” is “Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.”