아동ㆍ청소년의성보호에관한법률위반(준강간등)
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, community service order 80 hours, and 40 hours of an order to attend a sexual assault treatment course) is deemed too unfasible and unreasonable.
2. Examining the various sentencing conditions in the instant case, there are circumstances unfavorable to the Defendant, such as: (a) the Defendant committed the instant crime against the victim of the 13-year old age group at the time of the Defendant’s birth of her husband and wife by force on two occasions; (b) the nature of the instant crime is bad; and (c)
However, in full view of the following facts: (a) the Defendant was punished twice by a fine; (b) there was no record of crime; (c) the degree of indecent act is relatively heavy; and (d) the Defendant’s age, character and conduct, environment, family relationship, etc., the sentence imposed by the lower court against the Defendant is too unjustifiable and unreasonable.
(It seems reasonable for the original trial to exempt the Defendant from the disclosure and notification order on the grounds stated in its holding. Therefore, the prosecutor’s assertion of unreasonable sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.