성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal of this case, the punishment of the lower court (two years and six months of imprisonment, and three years of suspended execution) is deemed to be too uneasible and unreasonable.
2. In full view of the Defendant’s age, character and conduct, environment, family relationship, motive of crime, means of crime and consequence, etc., the lower court’s punishment cannot be deemed unfair, considering the following factors: (a) the Defendant committed indecent act by force by force; (b) the victim and his/her guardian seem to have suffered a large mental pain; (c) the victim’s and his/her guardian reflects the Defendant’s mistake; (d) the degree of indecent act by force cannot be deemed significant; and (e) the victim and his/her guardian do not want the Defendant’s punishment; and (e) the Defendant did not have any history of criminal punishment for the same kind of crime.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.