강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (limited to six months of imprisonment, one year of suspended sentence, 40 hours of an order to attend a sexual assault treatment lecture, 160 hours of community service order) is too uneasy and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance to the Defendant, such as the fact that the victim appears to have suffered a considerable sense of sexual humiliation, and that the victim did not reach an agreement with the victim.
However, in full view of the following facts: (a) the Defendant’s punishment too late and reflects the crime; and (b) the general amount of punishment in cases of the same and similar kind of cases in favor of the same kind of previous convictions; and (c) the balance of the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) various sentencing conditions, such as the circumstances after the crime, it is difficult to deem the lower court’s punishment too too unreasonable
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.