성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (the amount of 5 million won and the order to complete sexual assault treatment programs for 40 hours) is too unreasonable. The gist of the prosecutor's appeal is that the above punishment of the court below is too uneasible and unfair.
2. In light of all circumstances, including the Defendant’s age, sex, environment, background and result of the instant crime, circumstance after the instant crime, etc., the lower court’s punishment is adequate, too heavy or unreasonable, taking into account the following circumstances: (a) considering the fact that the Defendant did not know even during the period of suspension of execution, and the victim’s sexual assault on a bus used by the general public appears to have considerable appraisal of damage; and (b) the victim did not agree with the victim; and (c) on the other hand, the extent of the instant indecent act is relatively insignificant; (d) recognition of all the instant indecent act in the trial; and (e) the victim stated to the effect that the damage assessment was made to a certain extent; and (e) taking into account all the circumstances, such as the Defendant’s age, sex, environment, and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too heavy or uncom
3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.