성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) declared by the court below is too uneasible and unreasonable.
2. Determination of the crime of this case is an unfavorable circumstance, such as the fact that the victim appears to have suffered a huge mental shock, the defendant did not agree with the victim or take measures to recover from damage until the trial is held. The victim is punished against the defendant.
On the other hand, it is more favorable for the Defendant to recognize and reflect the instant crime as a first offense without any criminal power, and to deem that the Defendant planned to commit the instant crime, and that the Defendant seems to have been placed in the current economic difficult circumstances.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.