강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the lower court rendered (five million won in penalty, five million won in total, and 40 hours in total) is too unhued and unreasonable.
2. The judgment is recognized that the Defendant did not agree with the victim, and the Defendant had a criminal record of a fine due to sexual assault crimes (using a camera, etc.). Meanwhile, the Defendant recognized the facts charged in the instant case and reflects his/her mistake, and the degree of his/her conduct is particularly significant in itself.
Considering the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, all the sentencing conditions specified in the records and arguments of this case, such as the Defendant’s age, sex, family relationship, etc., the lower court’s punishment is too unfasible and it is not deemed unfair, and thus, the prosecutor’s assertion is groundless.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.