아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year and six months of imprisonment, three years of suspended execution, and 80 hours of lecture for the treatment of sexual assault) is too unfluent and unfair, and the disclosure and notification order may also be exempted.
2. In full view of the matters and sentencing guidelines as indicated in the sentencing review process of the lower court’s judgment, the lower court’s judgment that deemed the primary sentencing factor in light of the following factors: (a) the background, frequency, and quality of the instant crime; (b) the adverse effect of the instant crime on many victims; and (c) the Defendant’s criminal history and reflectivity; and (d) the degree of the prosecution and the exercise of force, etc. exceeds the reasonable bounds
It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.
In addition, the court below exempted the defendant from the order of disclosure and notification after recognizing a special circumstance that may not disclose or notify personal information on the grounds stated in its reasoning. In light of relevant evidence, pleading, legal doctrine, etc., the above judgment of the court below is just and there is no error such as misconception of facts, misunderstanding of legal principles, etc.
3. Accordingly, the prosecutor’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).