수원지방법원 2015.04.09 2014노4407



The prosecutor's appeal is dismissed.


1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant denied the crime at the police investigation stage; the victim appears to have considerable mental impulse by compulsion from the Defendant who was a minor of his middle school due to indecent act by compulsion; the damage recovery was made only after the argument of the court below was concluded; and the Defendant’s order to complete a sexual assault treatment program for a fine of five million won and eight hours is also necessary to prevent recidivism; and the Defendant’s order to complete a sexual assault treatment program is unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment is not deemed unreasonable, even if considering all the following factors, given that the Defendant’s mistake is against the mistake, there is no record of criminal punishment, the degree of indecent act in this case is not serious, and the victim expresses his intention that he does not want to punish the Defendant. In addition, considering the motive and background of the instant crime, the circumstances before and after the instant crime, the character and conduct of the Defendant, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the Defendant as indicated in the instant records and arguments, there is no ground for appeal.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that there is no ground for conclusion. It is so decided as per Disposition.