성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to two years and six months of imprisonment, three years of suspended execution, and 40 hours of taking sexual assault treatment courses) declared by the lower court is deemed to be too uneasible and unfair.
2. The instant crime against the assertion of unfair sentencing is that the Defendant saw the victim who was divingd in the victim’s house room, kiddds the chest, removed the crime prevention windows installed in the window by hand, kidds the victim’s chest into the house through the window, and kids down the victim’s chest through the window.
Considering the content and method of the instant crime, the relationship between the Defendant and the victim, etc., the nature of the instant crime and the crime are heavy.
The victim seems to have suffered a considerable sense of sexual humiliation and mental suffering due to the defendant's crime, and the victim wanted to punish the defendant.
However, the Defendant recognized all of the instant crimes, and against the mistake, and was detained on January 4, 2019, and was detained on May 29, 2019, and was detained for about five months until a suspended sentence was released by the lower court.
After drinking alcohol at the victim's house, D and the victim's house, D have a mobile phone that has been kept in the place of tax calculation and enters the house again, and there are circumstances that can be considered in the situation where D enters the house of the victim.
The Defendant did not have any history of criminal punishment for sexual crimes before committing the instant crime, and the mother of the Defendant promised to guide the Defendant, and wanting to take the Defendant.
In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, economic situation, motive and background of the crime, and circumstances before and after the crime, and the scope of recommended punishment according to the sentencing guidelines, the punishment sentenced by the court below shall be deemed appropriate and too unreasonable.
3. Prior to the amendment of Act on Welfare of Persons with Disabilities by Act No. 15904 on December 11, 2018, ex officio determination on an employment restriction order under the Act on Welfare of Persons with Disabilities.