성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
All of the appeals by prosecutors are dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new data on sentencing, and there is no particular change in the conditions of sentencing compared to the lower court’s judgment.
In addition, in light of the fact that both the Defendant and the person who requested the attachment order (hereinafter “Defendant”) have led to the confession of all crimes and the impairment of impulse caused by the degradation of intellectual ability, and that both the victim and the victim have agreed to commit the crime, the sentence of the lower court is too unfasible even if considering all the circumstances unfavorable to the Defendant as shown in the record and pleading, and thus, exceeded the reasonable scope of discretion.
shall not be deemed to exist.
We do not accept the prosecutor's argument that the sentencing of the court below is unfair.
2. The judgment of the court below regarding the case of the request for attachment order is also justifiable, since this court maintained the judgment of the court below that sentenced the suspension of execution of imprisonment with prison labor for the facts constituting the cause of the request for attachment order, and thus dismissed the request for attachment order pursuant to Article 9 (4) 4 of the Act on the Protection and Observation of Specific Criminal Offenders
This part of the Prosecutor's argument is not accepted.
3. The lower court, ex officio, found the Defendant guilty of both the indecent act committed by force against minors under the age of 13 and the indecent act committed by force under the former part of Article 37 of the Criminal Act, which constitutes a sex offense subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), and then, found the Defendant guilty of both the indecent act by force and the indecent act by force.
In the light of this, one sentence of imprisonment was sentenced.
The registration period of personal information against the defendant is 15 years in accordance with Article 45 (1) (3) and (2) of the Punishment of Sexual Violence Act.