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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below (two years of imprisonment, three years of suspended execution) is too unhued and unfair.
Judgment
Although the Defendant deemed the victim as the victim of the second degree of intellectual disability, there is no evidence to deem the victim as a intellectual disability in the record.
On the other hand, the fact that the victim was induced by the watchkeeping room of the school where the security guard works as a security guard, and then the crime was not less severe due to forced indecent acts, and that the victim caused considerable sexual humiliation and fladation, etc. are disadvantageous to the defendant.
However, there are circumstances that can be considered in determining the punishment of the defendant for the following reasons: (a) the defendant physically repents and reflects his wrongness in depth; (b) the defendant has no criminal power against the defendant; and (c) the defendant's health status is relatively good due to the age of 7 years old.
The above circumstances, such as the character and conduct of the defendant, the environment, family relations, the means and consequence of the crime, the circumstances after the crime, etc., the various sentencing factors in the arguments in this case, the application of the sentencing guidelines according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court [Determination of types] general standard of the crime of indecent act by force (the target of 13 years or more), the crime of indecent act by force (the indecent act/special indecent act by force, such as indecent act by force, etc. by relatives) (the scope of recommending punishment] There is no person who is no person who is a special person [the range of recommending punishment] [the range of recommending punishment] from August to April (the basic area, the basic area and the minimum range of punishment are reduced by 2/3) of 1 year and 3 years (the juvenile indecent act by force)] [the general person] there is no criminal punishment [the grounds for suspended sentence] [the grounds for suspended sentence]