아동ㆍ청소년의성보호에관한법률위반(준강간)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution on two years of imprisonment, 80 hours of order to attend a lecture, and 80 hours of order to provide community service) is too unhued and unreasonable.
2. The judgment of this case is that the defendant has sexual intercourse with the victim under the influence of alcohol, and the victim's age was merely 13 years old at the time of committing the crime and the nature of the crime is not good. The defendant committed the crime of this case even when he received juvenile protective disposition two times due to special larceny, attack, etc., which is disadvantageous to the defendant.
However, in light of the overall consideration of the circumstances favorable to the defendant, such as the fact that the defendant is a juvenile, there was no history of committing the same sexual crime, and that the defendant committed the crime of this case in contingency under the influence of alcohol, and that the defendant H jointly committed the crime of this case, and other various sentencing conditions such as the defendant's age, sex, environment, circumstances of the crime of this case, and circumstances after the crime, it does not seem to be unfair to the extent that the sentence of the court below is too uneasible and reversed
The prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.