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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (for four months of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.
2. Determination
A. The instant crime on the assertion of unfair sentencing is deemed to have committed an indecent act by leading the victim, who was a mixed victim, to her alley, and her chests, in light of the method and content of the crime, etc., and the victim seems to have caused considerable fear and mental suffering. However, the lower court’s sentencing seems to have already been considered in its sentencing.
In addition, considering the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (c) the balance of sentencing with the cases of the same or similar type of crime and the fact that the Defendant has no specific criminal power, other than the punishment imposed once in the Republic of Korea; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (e) various conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, it is
Therefore, the prosecutor's above assertion is not accepted.
B. Ex officio review whether to issue an employment restriction order for welfare facilities for disabled persons
Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that “The term “ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted” is uniformly prescribed as “the term “ten years from the date on which the execution of the punishment or medical treatment and custody is terminated, or the execution of the punishment or medical treatment and custody is suspended or exempted.”
However, it was amended by Act No. 15904 on December 11, 2018.