강제추행
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the sentence of imprisonment for a term of two years, eight hours, a community service order for 80 hours, and exemption from a lecture order for sexual assault treatment for 40 hours) is deemed too unfasible and unfair.
2. The lower court determined the Defendant’s punishment within the sentencing criteria by taking into account the circumstances favorable to the Defendant, such as the Defendant’s primary offender, and the fact that the Defendant did not agree with the victim, etc.
Although the degree of indecent act in the instant crime does not seem to be unfasible, the lower court’s judgment exceeded the reasonable bounds of discretion when comprehensively considering the conditions for sentencing, statutory penalty, sentencing guidelines, etc. in the judgment of the lower court.
There is no circumstance that the lower court’s maintenance of the determination of sentencing is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s sentencing and light judgment cannot be accepted.
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 appeal is without merit. It is so decided as per Disposition.