강제추행
The prosecutor's appeal is dismissed.
In the judgment of the court below, "the completion of sexual assault treatment programs" is sexual assault.
1. In light of the prosecutor’s gist of the grounds for appeal (unfair form) that the defendant did not seriously reflect the defendant, and the victim wants to punish the defendant, the sentence of the court below ordering to complete a sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program program
2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence cannot be deemed as being too unjustifiable, even if considering the following factors: (a) the Defendant’s mistake reflects the fact that there was no history of punishment for the same kind of crime; (b) the motive and background of the crime in this case; (c) the circumstances before and after the crime was committed; (d) the degree of damage; and (e) the character and conduct of the Defendant as well as the environment, etc., which are conditions for sentencing, are considered. Therefore,
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in the judgment of the court below, it is evident that the "Completion of Sexual Assault Medical Programs" in the order of the court below is an erroneous entry in the "1. Order" in the application of the statutes, and such correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, and each correction is made.