성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the defendant (the suspension of the execution of five months of imprisonment and the order to attend a sexual assault treatment lecture for 80 hours) is too uneasible and unfair.
B. Although it cannot be deemed that there is a special reason to not disclose or notify the personal information of the Defendant of the disclosure or notification order, the lower court is unreasonable to exempt the Defendant from the disclosure or notification order.
2. Determination
A. Although the defendant has been punished twice for the same crime as each of the crimes in this case, and did not receive a written request from the victim due to the agreement with the victim C, the defendant was found to have committed a mistake and has been able to live in a relatively sincere life without any specific criminal power over ten years since 2005. The defendant's family members wanted the defendant's prior action against the defendant, and attempted to guide the defendant not to commit the same crime again, and other circumstances that form the conditions of sentencing as shown in the records, such as motive and background leading up to the crime in this case, circumstance before and after the crime, defendant's age, character and conduct, environment, occupation and family relation, the prosecutor's assertion of unfair sentencing is without merit, and thus, it cannot be deemed unfair since the defendant's sentence imposed by the court below is too unreasonable.
B. Determination as to the assertion on disclosure and notification orders has the history of punishing the Defendant twice a fine due to the same crime as the instant crime, but in light of the fact that the Defendant appears to have lived relatively in good faith without any specific criminal power over ten years since 2005, it is difficult to readily conclude that the Defendant is in danger of sexual assault recidivism or recidivism, and the Defendant’s order to attend sexual assault treatment and registration of personal information against the Defendant alone is also to prevent recidivism.