성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant was sentenced to an excessive minor imprisonment (three years of imprisonment, five years of suspended execution, etc.) and dismissed the Defendant’s request to attach an electronic tracking device when he was sentenced to an order to attach an electronic tracking device, in light of the following: (b) the Defendant was unable to have a direct contact with the victim’s body by means of self-defacing the victim’s body while driving in the elevator seat with the victim’s seat and committing circumstances on the part of the victim; (c) sexual desire was spreaded by an alternative method; and (d) the victim’s parents were receiving a large mental impulse and wanting to punish the Defendant.
2. The judgment of the defendant follows the victim, who is a 7-year-old child, was placed in the elevator of the apartment and face the victim with face, and the degree of indecent act is not easy, considering the circumstances in the victim's clothes. The place of the crime is a place that requires peace and peace like residence as an apartment elevator, and the crime in an enclosed space is more dangerous, and the victim, who is under the age of this case, was faced with mental shock, such as playing in the park, and is likely to have caused serious harm to the victim's sound growth process. Nevertheless, the defendant did not make any effort to recover damage, and the victim's parents want to punish the defendant, and is disadvantageous to the defendant.
However, there are favorable circumstances, such as the confession of the instant crime and the Defendant’s depth reflects on the victim, the Defendant did not exercise the victim’s tangible power, and did not have any physical contact with the victim, the Defendant did not have any record of sexual crime, and there was no record of criminal punishment other than once, and the Defendant appears to be capable of edification and improvement at the young age of 30 years of age, and other circumstances such as character and behavior, environment, family relationship, motive for the crime, and circumstances after the crime.