성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. In light of the fact that the defendant is the most responsible for his family's livelihood, that the defendant is able to live in good faith without committing a second offense, and that the defendant deposited 3 million won for the victim, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.
2. Although the Defendant had been punished for the same crime, he also committed the instant crime during the period of probation due to obscenity.
Other factors favorable or unfavorable to the Defendant, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense, and all the sentencing circumstances indicated in the instant records and arguments, including circumstances after the offense, compared to the reasons for sentencing of the lower judgment, the lower court’s punishment is too unreasonable even in light of the various circumstances asserted by the Defendant as the reasons for appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.