강제추행
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of fine, and forty hours of completion of sexual assault treatment programs) is too unhued and unreasonable.
2. The Defendant committed the instant crime, which committed an indecent act against a female victim under the influence of alcohol, following the female victim, and committed the instant crime. In light of the background and content leading up to the said crime, and the method of committing the crime, etc., the fact that the nature of the crime is not good is unfavorable to the Defendant.
However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the primary offender who has no particular criminal history; and (c) the Defendant’s age, family environment; and (d) the circumstances before and after the instant crime, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair because the Defendant’s punishment is too uneasible.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.