성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) (limited to three years of imprisonment, four years of suspended execution, four years of probation, 40 hours of taking sexual assault treatment courses, five years of disclosure and notification, and the attachment of an electronic tracking device for four years and four years of disclosure and notification) is too un
2. Determination
A. The Defendant’s crime of this case committed an indecent act against two elementary school students attending the Defendant’s invasion, such as drinking clothes, and the victim’s age was 8 and 10 years old, and thus, the crime and circumstances are not good. The Defendant committed a crime against the victim D for one week, and the Defendant committed a crime of indecent act by compulsion or attempted indecent act by compulsion on the part of the victim E for one week and had a considerable repetition of it.
On the other hand, according to the fact that the degree of indecent act in this case was not severe, there was no criminal records other than once the indictment is suspended, that there was no criminal records other than that of the defendant, that the defendant recognized his mistake and repented, and that according to the statement of the written reply to the written request investigation, G (the mother of the victim E) who is the mother of the victim D (the victim E is the mother of the victim) will agree that he would not receive the agreed amount if the defendant does not appear again in the victim's surroundings at the time of the investigation before the request was made. There is no big degree to be forgotten for the crime in this case, and it does not seem that this case has been forgotten. The fact that the defendant stated that he wanted to take the front place because he was shocked."
In addition, the sentencing guidelines set according to the sentencing guidelines set by the Supreme Court's sentencing committee on the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and indecent act by compulsion of minors under the age of 13 among the crimes in this case (the indecent act by compulsion of minors under the age of 13) and the crime for which no sentencing guidelines have been set (the attempted indecent act by compulsion of minors under the age of 13) are set.