준강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below against the defendant (the imprisonment of eight months, the suspension of execution of two years, the community service order 40 hours, and the order to attend a sexual assault treatment lecture 40 hours) is too uneasible.
2. The determination of the instant indecent act is that the degree of the indecent act in the instant case is not somewhat weak, that is not agreed with the victim, and that the victim wants to punish the defendant, and that is disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant include the fact that the defendant is recognized as all of his own crimes, the fact that the defendant seems to have committed the crime of this case by contingency while drinking, and that the defendant has no record of punishment for the same kind of crime.
In light of the above circumstances and motive leading up to the instant crime, circumstances after the commission of the crime, age, character and conduct, family relation, environment, occupation, etc., the sentencing guidelines of the Sentencing Committee of the Supreme Court (the scope of recommendations) shall be based on the general standards for the crime of indecent act by force (the subject of the age of 13 or more), the basic area (6 or 2 years) of the first type (the subject of general indecent act by force) (the subject of the age of 13 or more), and the basic area of the crime of indecent act by force (the general form of a person): The mitigated element of mitigation (whether suspended sentence is suspended or not): The reason for general participation (the affirmative and serious reflective act). Thus, the prosecutor’s above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.