성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable.
2. The crime of this case is a case in which the defendant committed an indecent act by force on the part of the victim with a three-time self-defluence disorder (class 3) on the part of the defendant. The crime of this case is not a case in which the defendant committed an indecent act on the part of the victim with a three-time self-defluence disorder, and its nature
The defendant committed a crime against persons with disabilities who need social protection and consideration, and the defendant's crime seems to have suffered considerable mental impulses between the victim and his/her family.
On the other hand, the Defendant committed a crime in this case, and is in profoundly against the mistake.
The defendant deposited five million won for the victim and received a letter from the victim.
The defendant is a first offender who has no record of punishment so far, support his family members so far, and is believed to live relatively in good faith. During the trial, the margue was suffering from the pain that the mother died of pulmonary cancer.
In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem to be unfair because the sentence is too uneasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.