성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year and six months, a suspended sentence of two years, and an order to attend a sexual assault therapy for 40 hours) that the court below made is too uneasible and unreasonable.
2. The crime of this case committed by the Defendant, while under the influence of alcohol, committed an indecent act by force against the victim, who is a woman of eight years of age in apartment playgrounds, who is a woman of eight years of age or older, and is not subject to the liability for such crime.
However, there are many circumstances favorable to the defendant, such as the fact that the defendant was living in the age of 80 and has no record of criminal punishment so far, the degree of indecent act in this case is relatively excessive, the victim and the defendant agreed smoothly with the court of the trial, the social relation is clear, and the defendant has made efforts to treat the defendant's hospital and to prevent the recurrence of crimes, and the defendant was hospitalized in the hospital for treatment of alcohol addiction after the crime in this case, the defendant seems to have committed the crime in this case, and the defendant seems to have committed the crime in this case, and the confession and reflects the crime in this case.
In addition, considering that the court below's sentencing conditions, which were shown in the arguments in this case, such as the circumstances unfavorable or favorable to the defendant, the age, character and conduct, and environment of the defendant, are comprehensively taken into account, and even if the court imposes a treatment within the society where the suspension of execution of imprisonment, which added an order to attend a sexual assault treatment lecture for 40 hours within the scope of recommended punishment (one year to 5 years of imprisonment), it is deemed that the sentence imposed by the defendant can sufficiently have special preventive effects on the defendant, it cannot be deemed that the sentence imposed by the court below is too unreasonable
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.