성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (3 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. The judgment that the Defendant was unable to receive a letter from the injured party is disadvantageous; however, the Defendant’s mistake was found to have reached the judgment of the injured party, and the degree of the indecent act in this case is very serious.
In full view of the fact that it is difficult to see the Defendant’s criminal history or fine exceeding the same criminal history, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the pleadings, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too difficult to see it.
Therefore, prosecutor's assertion is not accepted.
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 appeal is without merit.