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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 40 hours of sexual assault treatment courses) is too uneasy and is unreasonable to exempt the disclosure notification order.
2. Examining the various sentencing conditions in the instant case, the crime of this case is an indecent act by force against the victim, who is a juvenile under the age of 15, working at a convenience store, by deceiving his hand and face twice, etc. In light of the background and place of the crime, the victim’s age, and frequency of the crime, etc., the crime’s nature and circumstances are not easy, and the victim’s act appears to have suffered considerable sexual humiliation and mental shock. Nevertheless, the Defendant did not receive a letter from the victim, etc. is disadvantageous to the Defendant.
However, there are favorable circumstances for the defendant, such as the following: (a) the defendant committed all the crimes of this case with the view to realizing his mistake and reflecting his depth; (b) the degree of indecent act against the victim is relatively minor; (c) the defendant appears to have committed a somewhat contingent crime under the influence of alcohol; and (d) the defendant has no record of punishment for the same crime and has no criminal record of imprisonment without prison labor or heavier punishment.
The above factors of sentencing are either unfavorable or favorable to the defendant, and the court below also takes into account the following factors: (a) the defendant sentenced to a suspended sentence of two years within the scope of the recommended sentence prescribed in the sentencing guidelines (one year to three years of imprisonment); (b) the defendant’s age, character and character, environment, family relationship, motive, circumstances, means and method of the crime, and circumstances after the crime, etc.; and (c) the court below appears to have sufficient special preventive effects even if the defendant imposed treatment within the society of suspended sentence of imprisonment, which added the defendant to the course of sexual assault treatment.