성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. The lower court determined that the charge of insult among the facts charged in the instant case was dismissed, and that the lower court convicted the Defendant of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13).
Since the prosecutor filed an appeal only against the guilty portion of the judgment below and did not appeal against the dismissal portion of the above public prosecution, the part concerning the insult among the facts charged in the instant case becomes separate and definite, and is excluded from the scope of judgment in this Court.
2. The penalty (15 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfased and unreasonable.
3. The crime of this case is not likely to have committed an indecent act by the defendant with forced dancing against the victimized child who is merely three years of age during the period of suspension of execution.
The defendant's crime of this case seems to have suffered mental impulses between victimized children and their families.
However, while the defendant denies the crime in an investigative agency, the court of the court below recognized all of the crimes.
The defendant seems to have caused the crime of this case by contingency.
The Defendant had no record of being punished for a sex offense prior to the instant crime.
In the court below, the defendant does not want to be punished against the defendant by paying a certain amount of money to the victim, making a full agreement.
In full view of all the conditions of sentencing as shown in the pleadings of this case, including the above circumstances, including Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, it is not determined that the sentence imposed by the lower court is too unreasonable.
Therefore, prosecutor's assertion is without merit.
4. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.