강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won of punishment, and 24 hours of sexual assault treatment programs) is too unhued and unreasonable.
2. Determination
A. It is recognized that the Defendant, at the entrance of the subway station, who is a public place, met the victim’s tam and was not good enough to commit the crime, did not agree with the victim, and did not recover damage.
B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the first offender who had no record of criminal punishment; (c) was suffering from alcohol ozone force; and (d) currently under hospital treatment; and (c) the Defendant’s age, criminal background; and (d) other circumstances that form the conditions for sentencing specified in the instant argument, including the circumstances after the commission of the instant crime, the lower court’s sentence is too uneasible and unreasonable.
(c)
Therefore, the prosecutor's above assertion 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.