강제추행
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is as follows: (a) considering the fact that the Defendant, who had been punished several times due to indecent acts by compulsion, such as this case, committed the instant crime and thereby resulting in the risk of repeating a crime; (b) even though the nature of the crime is not less and less than that of the crime in light of the substance of the crime, the Defendant’s punishment (including fine of KRW 7 million, order to complete a program, 40 hours, and 2 years of restriction on employment) is too uneasible and unreasonable.
2. The court below decided the above punishment against the defendant on the grounds of the sentencing stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and all of the sentencing conditions stated in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., as well as the fact that the defendant was committed in all of the facts of this case and there is no past record of punishment exceeding the fine, the court below cannot be deemed to have exceeded the reasonable scope of discretion because the
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.