성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, and 40 hours of order to attend a course) is too unfluent and unfair, and it is also improper to exempt the defendant from the order to disclose or notify the defendant.
2. The instant crime of determining the illegality of sentencing is deemed to be an indecent act by force against a person with intellectual disabilities.
Nevertheless, without recognizing the seriousness of these crimes, the Defendant was in an incomplete attitude with the investigation and trial without recognizing the seriousness of such crimes, and the Defendant did not receive a letter from the injured party because it did not take any measures to recover any particular damage.
However, there are extenuating circumstances that can be considered favorably to the defendant, such as the fact that the degree of the type of force used by the defendant is not much serious, that it seems that the crime was committed due to drinking alcohol and somewhat contingent circumstances, that the basic living recipient is making it difficult to maintain health as a recipient of basic living, that there is no other criminal history, as well as that there is no other criminal history, in addition to the punishment of fines twice for this crime.
In full view of all the sentencing conditions in the records and arguments of this case, including the defendant's age, family relation, criminal record, sexual intercourse, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment cannot be deemed to be improper to the extent that the defendant's punishment should be too uneasible, and thus, the prosecutor's allegation in this part
3. In full view of the following circumstances, the Defendant’s personal information is disclosed in light of the following: the Defendant’s age, social relation, criminal record, and risk of recidivism; circumstances leading to the instant crime; details of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant due to the instant disclosure and notification order; and the comparative balancing between the effect of the Defendant’s sexual crime prevention and expected profits; and