강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.
2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is committed by the Defendant at the latest on the street with the degree that the Defendant committed an indecent act in light of the following: (a) the method of committing the instant crime seems to have been committed by the victim’s chest in his/her hands at night; and (b) the degree of the indecent act is somewhat somewhat interviewed and the degree of such indecent act is not
It seems that the victim suffered from an indecent act committed by string with an string, and the mental shock seems to be high.
However, as the court below properly explained, the defendant recognized the crime and made a mistake seriously, there is no history of fine or other criminal records, and there is no record of the same kind of crime, and the victim has not been punished for the defendant by mutual consent with the victim.
In light of the circumstances leading up to the crime and the attitude of the defendant after the crime, the circumstances that the defendant would not commit such a crime may be recognized again.
The lower court determined the punishment by comprehensively taking account of all the circumstances favorable to the Defendant as above and the unfavorable circumstances.
The sentencing conditions asserted by the prosecutor are all considered by the court below, and there is no change in circumstances or circumstances that can be newly considered as the aggravated reasons after the sentence of the court below.
In addition, in full view of all the factors of sentencing as shown in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of the offense, the substance and consequence of the offense, etc., the lower court’s delay of sentencing a fine of KRW 5 million to the Defendant within the proper scope of punishment according to the Defendant’s liability, and it cannot be deemed unfair because it is too uneasible.
. Prosecutors;