성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended execution, and forty hours of taking sexual assault treatment courses) is too uneased and unreasonable;
2. The Defendant was committed twice or less against the Defendant, on the ground that he was punished by a fine for the same kind of crime in light of the background and content leading up to the crime, and the method of committing the crime, etc., which led to the crime, and even if he was punished by a fine for the same kind of crime in 2012, he repeated the crime of this case, etc.
However, in full view of the following: (a) the Defendant has led to the confession of all crimes; (b) there is no record of criminal punishment exceeding the fine; (c) the victims have agreed with B in the trial; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the crime, the lower court’s punishment against the Defendant is too uneasible and unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.