성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The sentence of the lower court (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.
2. The fact that the judgment defendant led to the confession of the instant crime and recognized his mistake is favorable to the defendant.
However, in light of the unfavorable circumstances, such as the fact that the victim received a considerable sense of sexual humiliation and considerable mental impulses due to the crime of this case, the defendant did not reach an agreement with the victim, and did not make any effort to recover damage to the victim, the defendant has the record of criminal punishment not less than 19 times, including three times of punishment under the same crime, and the defendant again committed the crime of this case during the period of repeated crime after he was punished with punishment due to the crime of the same crime, even though considering the favorable circumstances as seen earlier, the sentence of the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.