강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (a punishment of 8 months of imprisonment, 2 years of suspended sentence, 40 hours of order to observe protection, and order to attend a sexual assault treatment) is too uneasy and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, taking into account the following disadvantageous circumstances: (a) the fact that the nature of the instant crime committed by the victims by taking advantage of the occupational position is inferior; (b) the victims have not been taken into account; (c) the fact that the Defendant recognized the mistake and reflects the fact that the Defendant did not have the same criminal history; (d) the Defendant did not have the same criminal history; and (e) the Defendant remitted part of the amount to the victims; and (e) determined the sentence by taking into account all the conditions of sentencing as expressed in the arguments, such as the Defendant’s age, sexual behavior, environment, motive, means
When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.
Inasmuch as there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too uneasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.