성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (an amount of KRW 3 million, and an order to complete a sexual assault treatment program for 40 hours) based on the summary of the grounds for appeal is deemed to be too uneasible and unfair.
2. The defendant's crime of this case, which judged the grounds for appeal, requires strict punishment against the defendant, in consideration of the fact that the victim has suffered considerable mental impulse, and that the victim has failed to agree with the victim.
However, in full view of the following facts: (a) the Defendant committed the instant crime; (b) there is no history of criminal punishment; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the commission of the instant crime; (b) the means and consequence thereof; and (c) all the sentencing circumstances indicated in the records and pleadings, such as the circumstances after the commission of the instant crime, the lower court’s sentencing is too unfeasible
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. It is so decided as per Disposition.