성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
All appeals by the defendant and prosecutor are dismissed.
1. The appellant against the defendant's appeal shall submit a statement of reasons for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and in cases where the reason for appeal is not submitted within that period, the appellate court shall dismiss the appeal by decision, unless there is any reason to ex officio examination, or the reason for appeal is specified in the petition of appeal (Article 361-4(1) of the same Act). The defendant is not required to submit a statement of reason for appeal within the period for submission of due reason for appeal, and the petition of appeal does not include the reason for ex officio examination of the appeal, and no reason exists even if the records are examined.
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (unfair sentencing) is as follows: (a) the crime of this case was committed by the Defendant’s indecent act by taking part of the victim’s side that the Defendant satis at night, and then committing soup at the victim’s satis and am, etc.; (b) the victim’s satis and am, etc.; (c) the Defendant’s satis and am, etc. were not seriously contradictory to the Defendant, such as denying the facts of the crime while making a vindication that it is difficult for the Defendant to understand; and (d) the crime of this case appears to have caused sexual humiliation and mental suffering to the victim due to the crime of this case; and (e) the damage was not recovered, it is unfair for the lower court to impose an order to attend the lecture for sexual assault treatment for
B. In full view of the following facts: (a) the Defendant has no record of being punished for the same kind of crime; and (b) the Defendant’s age, sex, environment, motive and background of the crime; (c) the degree and degree of the commission of the crime; and (d) the circumstances of all the sentencing as indicated in the instant records and pleadings, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, and thus, the aforementioned assertion is without merit.
3. The appeal by the prosecutor of conclusion is without merit and Article 364 of the Criminal Procedure Act.