성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.
2. Determination is more advantageous to the fact that the Defendant recognized the instant crime, the first offender, the age is a university student who has yet to be aged, and the victim voluntarily withdrawn a complaint from the investigative agency.
However, in light of the background, content, degree of conduct, etc., the crime of this case is not good, and the victim seems to feel sexual humiliation and mental shock, etc. are disadvantageous circumstances.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.