성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (an amount of three million won in penalty, and an order to complete a sexual assault treatment program with forty hours in 40 hours) that the court below made is too uneased and unreasonable.
2. The crime of this case was committed by indecent act against the victim in soup, which is a place where the defendant is concentrated with the public, and accordingly, the victim’s sexual humiliation seems to be reasonable.
However, the defendant does not repeat again after recognizing his mistake.
There are many things.
The defendant has no record of criminal punishment for the same kind of offense.
In addition, the defendant agreed with the victim in the first instance, and paid 50,000 won for the victim, and the victim does not want to withdraw the complaint against the defendant and punish the defendant.
In full view of the circumstances unfavorable or favorable to such Defendant and other various sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive and consequence of crime, etc., the sentence imposed by the lower court is within the scope of the sentencing discretion assigned to the lower court, and it cannot be deemed that the sentence imposed by the Defendant is unfair due to its proper and too uneasible sentencing.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.