준강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for 6 months of imprisonment, 2 years of suspended sentence, 40 hours of sexual assault treatment lectures, and 120 hours of community service) is too unfluent and unreasonable.
2. The judgment is recognized that the defendant committed a crime against the victim who is a minor, and the investigation agency denies the crime.
However, in light of all the sentencing conditions such as Defendant’s age, sex, family environment, circumstances of crime, means and result, etc., the lower court’s delayed execution of imprisonment with prison labor cannot be said to be unfair because it did not order the Defendant to take lectures for sexual assault treatment and provide community service.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The prosecutor’s appeal to the conclusion is without merit and is thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That the facts constituting the crime of the lower judgment, which clearly indicate that “within 05:00 to 06:00 on May 22, 2016” is a clerical error in the “round 09:00 on May 222, 2016,” and thus, ex officio correction is made pursuant to Article 25 of the Regulations on Criminal Procedure.