성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal: The sentencing of the lower court’s punishment (two years and six months of imprisonment, four years of suspended execution, and forty hours of sexual assault treatment lectures) that is deemed unfair, is excessively unfilled and thus the determination of the relevant punishment is unreasonable.
2. The Defendant, at the appellate trial, recognized his own offense and reflects his fault.
In addition, since new data on sentencing have not been submitted in the appellate court, there is no particular change in sentencing conditions compared to those of the lower court.
Taking into account all the sentencing factors revealed in the appellate trial, the lower court’s sentence is too minor to the extent that it exceeds the reasonable scope of discretion of the court.
It does not seem that it does not appear.
Therefore, the prosecutor's assertion is not accepted.
3. The risk of re-offending is low in light of the Defendant’s age, occupation and environment, social ties, details and result of the crime, circumstances before and after the crime, the outlines, and the fact that there is no criminal punishment due to sex crimes, etc.
In addition, taking into account other circumstances such as the degree and expected side effects of the defendant's disadvantage and the prevention effect of sexual assault crimes that can be achieved therefrom, and the effect of protecting the victims of sexual assault crimes, there are special circumstances where the defendant should not be issued an employment restriction order.
Therefore, according to the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is not subject to an employment restriction order.
4. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed. It is so decided as per Disposition.