성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment with prison labor for three years and four years of suspended sentence) is too unhued and unfair.
2. Determination of each of the crimes of this case constitutes an unfavorable sentencing factor, such as: (a) the Defendant committed an indecent act against the victim under the age of 13 on three occasions; (b) the nature of the crime is not good; and (c) the victim ageed due to each of the crimes of this case appears to have suffered considerable mental pain.
However, more favorable sentencing factors or objective and neutral sentencing factors are also recognized, such as the confession of each of the crimes in this case, the fact that the defendant has made a confession of each of the crimes in this case, the depth of his mistake, the fact that the defendant has no criminal record other than the fine, the degree of force exercised by the defendant is limited to the degree of force rather than assault and intimidation, and the defendant has agreed smoothly with the victim.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in the pleadings, including the circumstances after the crime, and the fact that there is no evidence to prove that the Defendant had special sexual intercourse with the child or juveniles, etc., the sentence imposed by the lower court cannot be deemed to be somewhat weak to the extent that it should be reversed.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
[Main Basis for Determination on the Punishment, etc. of Sexual Crimes] - Multiple Crimes - Offenses of Violation of the Act on Special Cases concerning the Punishment, etc. of Specific Sexual Crimes (Indecent Acts by force in relation to relatives): Sexual Crime group, general standards, sex crimes under the age of 13, types of crimes under the age of 3 (Quasi-Indecent Acts by force, indecent acts by force), non-influences, serious reflects, etc. - Victims, etc. who are vulnerable to the crime,
3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.