공연음란
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (an amount of KRW 3 million, and an order to complete a sexual assault treatment program for 40 hours) based on the summary of the grounds for appeal is deemed to be too uneasible and unfair.
2. In light of the fact that the accused has been punished twice as fines for the same kind of crime, strict punishment against the accused is necessary.
However, in full view of the following facts: (a) the Defendant was aware of the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant’s own mental and medical treatment after the instant crime did not repeat again; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime; and (c) all the sentencing circumstances indicated in the records and pleadings, including the circumstances after the instant crime, are too uneasible and unfair.
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.