성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to six months of imprisonment, two years of suspended execution, two years of probation, two years of social service, 80 hours of sexual assault treatment, 40 hours of completion of sexual assault treatment programs, etc.) is too uneasible
2. The Defendant, as a passenger at the work time, boomed with the booming time, intentionally accessed the female victim’s boom before and after intentionally approaching the booming time, and put his sexual flag against or against the victim’s her mack
In light of the background and contents leading to the instant crime and the method of the commission of the crime, etc., the Defendant was sentenced to the dismissal of prosecution due to the victim’s cancellation of complaint in 198, while he was under several criminal trials in 1998, or was sentenced to a fine of KRW 2 million in around 2003, and was under the victim’s non-prosecution disposition due to the victim’s cancellation of complaint in 2013, the Defendant committed several indecent acts. In addition, the Defendant committed the instant crimes under the same and several Acts that are disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) there is no record of criminal punishment heavier than the suspended sentence due to the same kind of crime; and (c) other various sentencing conditions as shown in the record and pleadings, such as the Defendant’s age, family environment, and the circumstances before and after the instant crime, the Defendant’s sentence against the Defendant is too un
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.