성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and six months of imprisonment, and three years of suspended execution) imposed by the court below on the defendant is too unhued and unreasonable.
2. The judgment of the victim is that the victim is a disabled person of Grade II with mental retardation disorder; the defendant is well aware of the crime of this case; the crime of this case is extremely poor; the victim is not agreed with the victim and the victim is punished; and the defendant has several criminal records, including the criminal records of larceny, etc., which are disadvantageous to the defendant.
The circumstances are favorable to the defendant, such as the fact that the defendant has recognized all the mistakes and reflects in depth, the fact that the defendant committed a contingent crime under the influence of alcohol, the fact that the crime was committed without much emphasis on the degree of indecent act, and the fact that the victim moved away from the Dong that the victim lives and moved to another place, and that the defendant has no criminal record for the same kind of crime.
In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., various conditions of sentencing according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, and sex offenses subject to the sentencing guidelines (the sentencing guidelines set by the Sentencing Commission of the Supreme Court) of types 2 shall be subject to the scope of recommended sentences and the criteria for suspended execution [the decision on the recommended field] mitigated [the scope of punishment by special mitigation: the case where the degree of indecent act is weak] [the scope of sentence by recommendation] mitigated [the case where the degree of special mitigation is weak] - June 1 and 6 years - 3 years [the case where the suspension of execution is negative reasons for the negative general participation of the victim who is vulnerable to the crime]: Where the degree of indecent act is weak in the crime committed on more than two occasions, the prosecutor's assertion is difficult to accept because the defendant's sentence imposed by the court below is unscheduled and unfair.
3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.