성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable, which is the punishment (amounting to KRW 800,000,000,000) imposed by the lower court against the Defendant (an order to complete a sexual assault treatment program for forty hours).
2. The judgment that the Defendant is the primary offender is not deemed to be unfair since the sentence of the court below is too unreasonable, in full view of the following factors: (a) the Defendant’s primary offender is favorable to the Defendant; (b) the victim is a minor; (c) the Defendant committed an indecent act against a female who does not have a common sense in the subway prior to subway; and (d) the victim appears to have been sexual insult and displeasure due to the Defendant’s instant crime; and (c) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, circumstances of the
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.