아동ㆍ청소년의성보호에관한법률위반(위계등간음)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence of the lower judgment against the Defendants ( ① three years of imprisonment, four years of suspended sentence, 80 hours of community service order, 80 hours of lecture order, 2 years and six months of suspended sentence, 3 years of probation, 80 hours of community service order, 80 hours of lecture order, 80 hours of lecture order, and 80 hours of lecture order) is too unfford and unreasonable.
In light of the contents of the Defendants’ criminal act, the risk of recidivism, etc., the lower court’s decision that exempted the Defendants from the disclosure and notification order is unreasonable.
2. The method and nature of the commission of the commission of the crime is bad, such as the Defendants’ sexual intercourse with the victim under the age of 14, which is merely a mere age of 14.
However, in full view of the circumstances such as the Defendants’ initial crime without criminal power, the victim did not want to punish the Defendants, and Defendant A is leading to military intervention, and Defendant B is a juvenile, it is difficult to view that the lower judgment’s punishment is unreasonable to the extent that the sentence is reversed.
In addition, in light of the circumstances where the Defendants had no record of criminal punishment for sexual crimes before the instant case, it is difficult to view the lower court’s judgment that exempted the Defendants from disclosure and notification orders.
Therefore, the prosecutor's ground of appeal cannot be accepted.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed by applying Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.