성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor, one year of suspended sentence, and 24 hours of lecture attendance order for sexual assault treatment) is too uneased and unreasonable.
2. The determination of the crime of this case leads to the Defendant’s unfavorable circumstances, such as the fact that the victims, who were aged, seem to have been suffering from considerable sexual humiliation and maternity, and that no agreement has been reached with the victims.
However, in full view of the favorable circumstances such as the fact that all crimes are recognized and reflected, the fact that there is no criminal record for the same kind of crime, the fact that the elderly health is not good, and other various sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view the lower court's punishment as being too uneasible and unfair.
Therefore, the prosecutor's above argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.