준강제추행
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3.5 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. The fact that the illegality of the instant crime was not negligible, and that there was no agreement with the victim, and that the damage was not recovered, etc. are disadvantageous to the Defendant.
On the other hand, the fact that the defendant was living in custody for 35 days due to the instant case and has the time to live in prison is favorable to the defendant.
In addition to the above circumstances, considering various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and means of crime, the judgment of the court below is deemed appropriate within the reasonable scope of discretion.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.