준강제추행
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s grounds of appeal (unfair sentencing) that the offense of indecent act by force committed by the Defendant is not very good, and the victim wishes to punish the Defendant, the lower court’s sentence that sentenced a fine of five million won or more and order to complete a sexual assault treatment program for 40 hours is too uneasible and unreasonable.
2. In the course of the investigation, the defendant denied his responsibility to the victim while he was in the process of the investigation, but the victim was found to have committed an act of wrong recognition and reflect against the judgment of the court below, and the content reported to the first 112 was not a forced indecent act by the defendant, but a theft was committed against the victim. The defendant did not have any record of criminal punishment, and in light of the motive and background of the crime in this case, the circumstances before and after the crime in this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and pleadings, the sentence of the court below is not judged to be unfair, and therefore the above argument is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 334(4) of the Criminal Procedure Act. It is so decided as per Disposition.