성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal by the prosecutor (unfair sentencing) is as follows: (a) the crime of this case was committed by the defendant at the Seoul High Court on February 5, 2010 and the crime of this case was committed on September 3, 2014 after he was sentenced to five years of imprisonment due to robbery, etc. and completed the execution of the sentence, and then committed the crime of this case during the period of repeated crime, in light of the following: (b) the court below sentenced the victim to a fine of 3,000,000 won and the order to complete the sexual assault program of 40 hours in the victim's clothes, even though the victim was frighted from the locking in order to put his hand in the victim's clothes, and (c) the victim was frighted in the victim's clothes, but it was not good that the victim committed an indecent act; and (d) the defendant was sentenced to a punishment of this case during the period of repeated crime.
Judgment
In full view of the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of prosecution, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, and thus, it appears that the Defendant would not have committed the crime of this case in a planned manner, and that the Defendant was punished for the same kind of crime, and there is no other record that the Defendant was punished for the same crime, and all the conditions of sentencing specified in the records and arguments of this case, such as the Defendant’s age
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.