성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence sentenced by the lower court (two years and six months of imprisonment, three years of suspended execution, etc.) is too unhued and unfair.
B. It is unreasonable for the lower court to exempt the disclosure notification order of personal information from disclosure disclosure notification order.
2. Determination
A. As to the wrongful assertion of sentencing, the Defendant committed an indecent act by force against the victim. In light of the background and object of the crime, etc., the nature of the crime is not good, the victim appears to have suffered a huge mental impulse due to such crime. Nevertheless, the Defendant did not make any particular effort to recover damage up to this court, and the Defendant again committed the instant crime even though he was suspended from indictment in 2015 and 2017, etc., which was disadvantageous to the Defendant.
On the other hand, the fact that the defendant committed the crime of this case with a disability of class 3 with intellectual disability, the extent of the indecent act committed by the defendant is relatively minor, and the family of the defendant is treating the defendant and preventing recidivism in this court is favorable to the defendant.
In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, even if comprehensively examining various circumstances that include the defendant’s age, family relationship, sex behavior, environment, etc., and the court below’s punishment is too unjustifiable and unreasonable, even if it is considered that the court below’s punishment is too unreasonable.
The prosecutor's above assertion is without merit.
B. As to the illegal assertion of exemption from disclosure disclosure order, the lower court also repeats the Defendant’s second offense in light of the fact that the Defendant had no record of punishment for a sex offense, the Defendant’s age, family environment, etc.