강제추행치상
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for two years and six months, suspended execution for three years, probation, and sexual assault therapy for 80 hours) of the lower court’s sentence against the Defendant is too uneased and unreasonable.
2. The crime of this case was committed by the Defendant at night by waiting the victim who walked along a mixed way.
In the process of committing an indecent act by force, the victim committed an indecent act by force, and in the process, the victim was not guilty of being injured by the left-hand kne, the second kne, etc., and the victim at the time of the instant case seems to have suffered a considerable mental impulse, which is merely a juvenile who is 16 years old, and the victim was deemed to have received a considerable mental impulse. In addition to the instant crime, the Defendant had been punished five times
On the other hand, the fact that the defendant does not want the punishment of the defendant under the agreement with the victim (Evidence No. 59). The injury suffered by the victim of this case is not severe, and there is no criminal conviction sentenced to criminal punishment heavier than that of the same kind of crime or fine, and the defendant recognizes his mistake and repents.
In addition, where the result of bodily injury to the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime occurred, various conditions of sentencing according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court (decision of types) and the scope of recommended sentences (decision of types) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court, the general indecent act of indecent act by force (special person): Insignificant injury, non-aggravated injury. Aggravating factors: A victim (decision of the recommended area) who is vulnerable to the crime [the scope of recommendation area] mitigated area / [the scope of recommendation area] mitigated area / 2 years and 6 months to 4 years [the general person] aggravated factors: A victim who is vulnerable to the crime against the juvenile [whether suspended sentence], the main reason for affirmative reference: There is no previous general reference reason, and there is no criminal conviction above suspended sentence.