준강제추행등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal - The sentence of an unreasonable sentencing (hereinafter referred to as a fine of KRW 3,00,000, and 40 hours, etc. of orders to complete sexual assault treatment programs) by the lower court is too unreasonable.
2. Each of the instant crimes committed by the Defendant is a situation unfavorable to the Defendant, such as: (a) the Defendant committed an indecent act by compulsion in line with the victim F’s body and face; (b) the Defendant committed an indecent act by force in line with the victim’s body; and (c) the Defendant committed an indecent act by using the victim’s body that was set away next to the said victim’s body; (d) the nature and circumstances of the relevant crime are not good; and (e) the Defendant did not vindicate the Defendant that he was unable to memory under the influence of alcohol.
On the other hand, however, the circumstances such as the fact that the defendant had committed each of the crimes in this case by drinking, and there are circumstances that could be considered in the course and motive of the crime, the indecent act of the defendant seems to be relatively insignificant, the defendant was the first offender who has no record of criminal punishment, the defendant was smoothly agreed for the recovery of the victims' damage, the victims wanted to have been faced with the defendant, and the surrounding persons including the defendant's family members committed each of the crimes in this case by the number of times the defendant was actually committed, but they again submitted a written application to change the status of the defendant to the extent that they did not perform any of the criminal acts, and it is clear that the social relationship of the defendant was in favor of the defendant.
In light of the above various circumstances, there seems to be no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the following conditions, such as Defendant’s age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, means and consequence of crime, and the scope of recommended sentencing guidelines for the enactment of the Sentencing Commission, the sentence imposed by the court below against the Defendant is too uneasible.