공연음란
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (3 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. The crime of this case was committed without being aware of it during the period of repeated crime due to the crime of causing injury or injury to the performance of special duties in judgment, and the fact that there was a record of criminal punishment several times is unfavorable to the defendant.
However, in full view of the facts that a criminal act is recognized and against the law, favorable circumstances such as the fact that there is no same criminal record, and other various sentencing conditions such as Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., it is difficult to view the lower court’s punishment as being too unfasible and unfair.
Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.