성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in two years and six months of imprisonment) is too unhued and unreasonable.
2. The lower court: (a) took into account the circumstances favorable to the Defendant, such as the fact that the Defendant’s liability for the instant crime was grave; (b) the victim, as a result of the instant crime, caused a serious fear of sexual humiliation as well as a threat to the stability of residence; and (c) the victim appears to have suffered mental suffering therefrom; (c) the Defendant recognized the instant crime; (d) there was no history of criminal punishment; and (e) there was no history of criminal punishment; and (e) the victim did not want the Defendant to be punished under the agreement with the Defendant; and (d) determined the sentence against the Defendant by taking into account various sentencing conditions in the trial, including the Defendant’s age, character and behavior, environment
In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Sentencing Committee, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "Article 62-2(1) of the Criminal Act shall be corrected ex officio by adding "Article 62-2(1) of the Criminal Act" to the third