The punishment sentenced by the court below (three years of suspended execution, etc. in two years and six months of imprisonment) is too unhued and unfair.

Judgment

The crime of this case is committed by the victim of the 12-year-old age who is going through C and D by the defendant himself/herself and committed an indecent act by force against the victim. Considering the circumstances leading up to the indecent act and the age of the victim, etc., the crime liability is very heavy, and the victim appears to have suffered sexual humiliation due to the occurrence of considerable mental shock and the fact that the victim might have suffered sexual humiliation, etc. is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the degree of indecent act is not much severe, the defendant has no record of criminal punishment, and the victim does not want the punishment of the defendant by agreement with the victim during the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, etc., all of the sentencing conditions shown in the pleadings of the instant case, such as the motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s Sentencing Commission [the scope of the recommended sentence] [the range of years and six to five years] of the sex crime subject to the age of 13, the mitigation area (two to six years), and the mitigation area (two to five years) (special mitigation), and the crime at a special protection area (one to three types), it is not determined that the sentence imposed by the lower court against the Defendant is appropriate, and unreasonable because it is too uneasible.

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.