성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won, and completion of sexual assault treatment programs 24 hours) is deemed to be too uneasy and unreasonable.
2. The Defendant, as the team leader, has committed an act that causes sexual humiliation to the victim, who is an employee of the contract-related relationship under his/her duty.
Since there is a concern about the disadvantage in the job culture and status, the victim who did not refuse it, did not suffer from the mental suffering, and still did not have the intention of strict punishment.
However, it appears that the defendant committed the crime of this case by milching the distorted workplace culture, and it is recognized that the circumstances in which the defendant committed the crime of this case against the mistake, and endeavored to kill the victim.
In light of the defendant's age, sex behavior, environment, and criminal history, the punishment of a fine imposed by the court below and the completion of sexual assault treatment programs, registration of personal information, etc. are likely to have the effect of preventing recidivism.
In addition, considering other circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.