성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal is that the Defendant was sentenced to one year of imprisonment by force at the Suwon District Court on January 18, 2012 due to the crime of indecent act by force, etc., and that the Defendant could have been sentenced to criminal punishment for the same kind of crime. In light of the fact that the Defendant denied the instant crime and did not reflect the mistake while denying the crime and did not recover damage, it is unreasonable for the lower court to have sentenced the Defendant to complete the sexual assault treatment program program for 6 months and 40 hours and to order the disclosure of personal information for 2 years.
2. In light of the fact that the Defendant is relatively old, and the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and behavior and the environment, are considered in light of all the circumstances alleged in the grounds for appeal, the lower court’s punishment cannot be deemed to be deemed to be unfair, even if it is considered in light of all the circumstances
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.