성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The prosecutor's appeal is dismissed.
In light of the various sentencing conditions in this case, the sentence imposed by the court below (one year and six months of imprisonment, five years of an order of disclosure notification, three years of an order of employment restriction, and completion of sexual assault treatment programs for 40 hours) is deemed to be too uneasy and unfair.
Considering the fact that the defendant's improper dismissal of a request for an attachment order is highly likely to repeat a sexual crime, it is unfair for the court below to dismiss the request for an attachment order of an electronic tracking device against the defendant (a request for attachment of an electronic tracking device between ten years). Examining the various sentencing conditions in this case regarding the determination of unfair sentencing, the crime of this case is likely to lose the paths in the vicinity of a convalescent hospital around 04:05, while the defendant goes back to 15 years old, who is the disabled in intellectual disability 15 years old, at his/her home and for about 24 hours, is committed by force by means of using the circumstance and contents of the crime, degree of the crime, the victim's age and intellectual disability, etc., and the victim's physical and mental disorder is likely to have been committed by 0 years old and 4 years old, and thus, the victim has to be subject to criminal punishment for the victim and 20 years old and seriously weak mental disorder and ability to exercise the victim's right to sexual offense.