아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the punishment of imprisonment for six months, the suspended execution of two years, and the lecture for sexual assault treatment of 80 hours) of the lower court is deemed to be too uneasible and unfair.
2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned 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 appeal is without merit. It is so decided as per Disposition (Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Juveniles committed on 1. The phrase “1. The main sentence of Article 21(2) of the Act on the Protection, etc. of Juveniles from Sexual Crimes against Sexual Abuse” in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children, Article 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Juveniles from Sexual Abuse, and Article 50(2) proviso of the Act on the Protection, etc. of Juveniles from Sexual Abuse is clearly corrected ex officio based on the Rules on Criminal Procedure No. 49(1)1 and 50(1) proviso of the Act on the Protection, etc. of Juveniles from Sexual Abuse.”