아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The prosecutor's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (one year of imprisonment with prison labor and two years of suspended execution) is too unhued and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, on the following grounds: (a) the defendant committed an indecent act in a manner that helps a female juvenile sees his sexual organ at a public performance hall, which is a densely concentrated place; (b) committed another indecent act against a female juvenile sees the contact in the contact book in another way while being investigated into the above case; (c) the crime was very poor; (d) even though the female victims were able to feel a considerable sense of sexual shame, they did not receive any appearance from the victims until now; and (e) the defendant was punished by a fine for the same kind of crime around 200.
However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and committed a second offense; (b) the Defendant is receiving a mental therapy to recognize and improve his problem; (c) the Defendant has no other force to commit a crime other than the previous offense of fine twice; (d) the Defendant’s parents need to support the Defendant; and (e) the Defendant’s age, sex behavior, family relationship, and circumstances after the crime, etc., the sentence of the lower court’s sentence is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.