성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. It is unreasonable to impose an order of disclosure and notification, even though the Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not have any sexual assault record and there is no risk of recidivism, on the Defendant. 2) It is unreasonable to impose an order of disclosure and notification, even though the Defendant did not have any sexual assault record and there is no risk of recidivism.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant on the ground of unreasonable sentencing is too unfilled and unreasonable. 2) Notwithstanding the Defendant’s wrongful rejection of the request for an attachment order, the lower court dismissed the Defendant’s request for an attachment order against the Defendant.
2. Determination
A. The crime of this case on the assertion of unfair sentencing by the defendant and prosecutor is a situation unfavorable to the defendant, where the defendant committed an indecent act by force by using personal trust relationship with the victim under nine years of age, and the degree of indecent act is not easy, but is likely to have a significant mental impulse with the crime of this case, and have a negative impact on the formation of the victim's sound sexual values, and the victim and his mother want to punish the defendant.
On the other hand, the fact that the defendant recognized all the errors and reflects them in depth, the fact that the defendant seems to have committed a contingent crime by drunking, and the fact that there is no criminal records related to sexual assault, which has been more severe than fines, are favorable to the defendant.
In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing criteria of the Sentencing Commission of the Supreme Court [the sentencing criteria] of sexual crimes subject to the age of 13 and the sentencing criteria of the Sentencing Commission of the Supreme Court shall be the case where the defendant uses a deceptive force other than assault and threat (the scope of the recommended sentence).