성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (3 million won of a fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unhued and unreasonable.
2. It is recognized that the crime of this case is likely that the victimized female would have suffered considerable mental impulse.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, there has been no history of criminal punishment so far, the victim left the toilet immediately after the sound, and the fact that the victim seems to operate a coffee shop and live in good faith, etc., taking into account various circumstances favorable to the defendant, including the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be unreasonable because it is excessively uneasible.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.