성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of taking sexual assault treatment courses) is too uneased and unreasonable;
2. The instant crime committed on the market is an indecent act committed by the victim, a social welfare worker who was protected and supervised by the Defendant as the manager C, on several occasions over a long-term period. In light of the background and content of the crime, the frequency of the crime, the method of the crime, and the period of the crime, etc., the crime was inferior, and the victim caused the victim to feel a sense of sexual humiliation.
However, in full view of the following: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant agreed in the original trial only with the victim; (c) there was no same criminal record, including sexual assault, before the instant crime was committed; and (d) the risk of recidivism seems to be reduced to a considerable extent by taking a course of sexual assault treatment for 40 hours imposed by the lower court; and (c) other various sentencing conditions in the records and arguments, including the Defendant’s age, family environment, and the circumstances before and after the instant crime, the Defendant’s sentence against the Defendant is too un
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.