성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million, amounting to KRW 40,000, and amounting to an order to complete a sexual assault treatment program for 40 hours) is too uneased and unreasonable.
2. The judgment of the Defendant committed the instant crime again after receiving a disposition of conditional suspension of indictment on November 28, 2014 due to the same type of crime, and the fact that the Defendant did not agree with the victim and did not recover the damage is an unfavorable condition to the Defendant.
However, there are extenuating circumstances, such as the fact that the defendant recognized the crime of this case, the fact that the defendant suffers from brain death from 7 years of age, and is under mental and medical treatment, the defendant's parents want to provide active medical treatment and guidance to the defendant, and the defendant is a first offender and a student of the second half of 20.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
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.