아동ㆍ청소년의성보호에관한법률위반(강간)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. Part 1 of the Defendant’s case is unreasonable on the ground that the lower court’s imprisonment (two years of imprisonment, four years of suspension of execution, two years of probation, two years of social service, 160 hours of sexual assault treatment, and 80 hours of attendance at sexual assault treatment) is too uneasible and unfair. 2) The lower court’s failure to impose an order to disclose and notify personal information on the Defendant and the person subject to an order to attach an attachment order (hereinafter “the Defendant”) under special circumstances, barring special circumstances that may not disclose and notify the personal information on the Defendant.
B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order risks recommitting a sexual crime.
2. Determination
A. The crime of this case concerning the assertion of unfair sentencing on the part of the Defendant case is an unfavorable circumstance to the Defendant, in view of the Defendant’s age, relationship with the victim, etc., since the Defendant attempted to rape the victim who was a juvenile at a convenience store on his/her behalf but was attempted to commit an attempted rape, the crime is very serious in light of the victim’s age, relationship with the victim, etc.
However, it seems that the defendant committed the crime of this case in depth while intending to commit the crime of this case, the defendant seems to have committed the crime of this case by contingency while drinking alcohol, and the crime of this case is committed by attempted attempted crime, the defendant is raised in a somewhat weak environment due to the death of the mother of an elementary school's low-school facility and the lack of father and control over his occupation. It seems that the defendant was not given an environment for the formation of personality because he did not receive any other criminal punishment than that sentenced twice by a fine, there is no other criminal history, and there is no history of sexual crime, and the defendant does not repeat again.