강제추행
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal (unfair sentencing) of the instant crime is unreasonable in light of the following: (a) the Defendant committed an indecent act in the subway because the Defendant was committed by force as her her her m, her mare in the subway; and (b) the Defendant had the record of having previously been suspended from indictment due to a sex offense; and (c) the lower court’s sentence imposing an order to complete a sexual assault treatment program for a fine of KRW 3 million and for a period of 40 hours is too unreasonable
2. In light of the following: (a) the Defendant’s mistake is recognized and against the judgment; (b) the Defendant was subject to a conditional suspension of indictment for an indecent act at the Seoul Central District Public Prosecutor’s Office on December 10, 2014; (c) there was no record of criminal punishment; (d) the degree of prosecution is relatively heavy; and (c) other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (d) the circumstances before and after the instant crime was committed; (e) the degree of damage; and (e) the Defendant’s character, conduct, and environment, etc. as indicated in the instant records and pleadings, taking into account the circumstances alleged in the grounds of appeal, the lower court’s sentence is too unf
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.