아동ㆍ청소년의성보호에관한법률위반(강간)
All of the appeals by prosecutors are dismissed.
The gist of the prosecutor’s grounds of appeal is that the sentence of the court below against the Defendants (the sentence of imprisonment of two years, the suspended sentence of three years, etc., Defendant B: the suspended sentence of eight months) is too unfeasible and unreasonable, considering the following: (a) the nature of the crime of this case is poor and the suffering of the victim is likely to be considerable; (b) Defendant A’s voluntary suspension of the crime of this case is not a suspension; and (c) Defendant B is doubtful against the truth.
Therefore, the crime of this case was attempted to rape a victim who is a child or juvenile, and the crime of this case was aided by the defendant Eul, and the nature of the crime is not less severe. The defendant A committed an indecent act to a considerable extent, and thereby, it seems that the sexual humiliation and mental impulse caused to the victim. However, the defendant A does not want to punish the defendant A by mutual consent with the victim and his guardian. Meanwhile, considering the fact that the defendant A does not want to punish the defendant A, the degree of participation in the crime of this case is relatively minor, the defendants do not have a criminal record, and all other conditions of sentencing under Article 51 of the Criminal Act, it cannot be seen that the court below's sentence is too unfilled and the sentencing discretion was exceeded.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.