성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and an order to complete a sexual assault treatment program 80 hours) is too uneased and unreasonable.
2. The Defendant committed the same offense on February 1, 2013 and was sentenced to a suspended sentence on May 23, 2013, but committed the same offense on September 23, 2013, and again committed the instant offense even if he was sentenced to a fine on December 27, 2013.
However, in light of the following: (a) the Defendant led to the confession of the Defendant; (b) has been under mental treatment since the commission of the crime in 2013 until now; and (c) the Defendant’s family members complain of the Defendant’s wife while continuously treating and protecting the Defendant; and (d) taking account of the following factors, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime as indicated in the record of the instant case, and the circumstances after the commission of the crime, the lower court’s punishment is too unjustifiable and unreasonable.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.