beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, 80 hours of community service order, 40 hours of lecture attendance order for the treatment of sexual assault, 3 years of employment restriction order) is too uneased and unreasonable.
2. The judgment below is that the defendant committed an indecent act against the victim's will that does not go beyond the school limit, kis, put his fingers into the clothes, and talked with the victim's chest and sound, which is considerably poor in the nature of the crime in light of the relation with the victim, the method of the crime, and the part of the indecent act, etc., the defendant's speech about the crime of this case to the surrounding person, and the second damage to the victim is not good in the circumstances after the crime of this case. The victim seems to have experienced considerable sexual humiliation or humiliation, and the victim wanted to be punished against the defendant. The defendant was sentenced to a suspended sentence for two years and six years due to the crime of violating the Act on the Protection of Children and Juveniles from Sexual Abuse, which committed indecent act by force by the Jeonju District Court on December 6, 201.
However, the following are the circumstances: (a) the Defendant’s criminal act is divided from the investigation stage to the trial of the prosecution; (b) the Defendant and the victim were in a relationship with the victim at the time of the instant crime; and (c) the degree of tangible power exercised by the Defendant was not significant; and (d) the Defendant has no record of criminal punishment after 2012.
In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the written judgment of the court below shall be corrected ex officio as follows:
Part 15 of the title.