성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court’s sentence of unreasonable sentencing (1.5 million won of a fine and 40 hours of completion of a sexual assault treatment program) is too uneasible and unreasonable.
B. It is unreasonable for the lower court to have exempted the Defendant from the disclosure and notification order of personal information.
2. Determination
A. On October 12, 2012, the Defendant, even around October 2, 2012, committed the same crime with the content of the instant case, but considering the fact that it was the initial offender and the state of lack of behavioral control, etc., the Defendant’s prior notice of suspension of sentence of a fine of KRW 300,000 has not been passed for one year, and the nature of the instant crime is not good, and the victim appears to have suffered considerable mental suffering, such as numerical reduction, etc., due to the instant crime.
However, there is no criminal history other than the prior conviction of the first suspended sentence as seen earlier, and there is no criminal history other than the prior conviction of the Defendant, the fact that the Defendant paid 2 million won to the victim and agreed smoothly with the victim, and that there was a state of mental disorder at the time of the instant crime due to excessive behavioral disorder, developmental disorder, shock disorder, and shock disorder, etc., are favorable circumstances. In addition, in full view of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unjustifiable, and thus, the Prosecutor’s aforementioned assertion is without merit.
B. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the illegal assertion of exemption from disclosure disclosure order, i.e., the Defendant: (a) committed the instant crime in a state of mental disorder, such as developmental disorder, shock disorder, and shock disorder; and (b) the Defendant’s family support basis for the Defendant, including the Defendant’s parents, is clear.