강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. According to the records, even if the defendant was served with a notice of receipt of the records of trial on April 21, 2017, the defendant failed to submit a statement of reason for appeal within the submission period for a legitimate reason for appeal, and no reason for appeal exists in the petition of appeal, and even if examining the records, the reason for ex officio investigation cannot be found.
Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a decision is rendered on the appeal by a prosecutor against the defendant, a decision to dismiss an appeal shall not be made separately and a decision shall be rendered concurrently.
B. The punishment sentenced by the prosecutor (the imprisonment of eight months, the suspension of the execution of two years, and the lecture for sexual assault treatment of 40 hours) is too unhued and unreasonable.
2. The crime of this case is deemed to have committed an indecent act by the defendant entering the victim's residence and forcing the victim to commit the crime in light of the method of crime, which is of heavy liability in light of the method of crime, the defendant denies the facts charged and does not recognize his/her mistake, and the victim wants to punish the defendant. However, it is acknowledged that the defendant did not have any criminal record other than once a fine due to the crime of this case, and the degree of the criminal conduct in itself is particularly important.
In light of the fact that it is difficult to see the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, etc., various sentencing conditions specified in the records and arguments of this case are considered, the lower court’s punishment is too uneasible and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.