강제추행
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s gist of the grounds for appeal (unfair sentencing) of the instant crime, the nature of the instant crime is inferior, the damage is not recovered, and the Defendant’s indictment suspended for the same kind of crime has not been more than one year, and thereby committing the instant crime, it is unreasonable for the lower court to impose an order to complete a sexual assault treatment program for a fine of 2,00,000 won and for a period of 80 hours.
2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unreasonable, taking into account the following factors: (a) the Defendant recognized a mistake and reflects the fact that there is no record of criminal punishment for a sex offense, as well as the disposition of suspending indictment; and (b) other various matters prescribed in Article 51 of the Criminal Act, such as the motive and background of the instant crime; (c) the circumstances before and after the instant crime; (d) the degree of damage; and (e) the character, conduct, environment, family relationship, etc.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.