준강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than four months and two years of suspended execution) that the court below sentenced to the defendant is too uneasible and unfair.
2. The crime of this case on board is an indecent act committed by a male victim who is a male defendant 19 years of age and a male defendant drinking alcohol, and then off the clothes of the victim who was locked at the defendant's home, and drinking his sexual organ, etc. The crime of this case is grave, since the degree of indecent act is not less severe, the victim's damage is not recovered, and the defendant's whereabouts are unknown after the investigation by the police, and the criminal procedure is conducted by service by public notice, which is disadvantageous to the defendant.
On the other hand, the fact that the defendant is deemed to have recognized all of the crimes in this case and against the defendant, that the defendant refused the defendant's indecent act by shouldering the victim, and that the defendant did not proceed by assault or intimidation, and that the defendant committed the crime in this case while drinking alcohol, and that the defendant was the first offender with no criminal force, etc. are favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
However, the part of the lower judgment’s “application of the Act and subordinate statutes” is deleted, and the amended Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes enters into force on June 19, 2013, and accordingly, it is amended to submit personal information in accordance with Article 5(1) of the Addenda to the same Act (amended on December 18, 2012).