공연음란
The prosecutor's appeal is dismissed.
In the judgment of the court below, "the completion of sexual assault treatment programs" is a sexual assault.
1. The gist of the prosecutor's appeal (unfair form) is that the defendant not only committed an obscene act against the female of a living site by showing his/her own self-defense, but also deemed that he/she suffered emotional impulses and fears in light of the age of the victims. The defendant committed the crime of Paragraph (1) of the judgment below while being tried due to the same crime, immediately after being sentenced to the judgment, and the crime of Paragraph (2) of the judgment below was committed, and did not recover from damage. In light of the above, the court below's sentence that sentenced the defendant to complete the sexual assault treatment program for six months, probation period of two years, probation period of 40 hours is too unreasonable.
2. In light of the motive and background of each of the instant crimes, the circumstance before and after the instant crimes, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and the environment, the lower court’s sentence is not deemed unreasonable even if considering all the circumstances alleged in the grounds for appeal, given that there are no grounds for appeal, it is not determined that the lower court’s sentence is unreasonable, since it is not reasonable, considering all of the circumstances asserted in the grounds for appeal.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in the judgment of the court below, the term "the completion of a sexual assault treatment program" means "the completion of a sexual assault treatment lecture", and "1. Probation and order to complete a program" in the application of the statutes are "1. Probation and Order to attend a lecture".