강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: The sentence of the lower court (two years of suspended execution, etc. in eight months of imprisonment) is too unhued and unreasonable.
2. Determination
A. Determination 1) The relevant legal doctrine on the part of the Defendant case refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in the event that the lower court’s sentencing judgment is deemed to have exceeded the reasonable bounds of the discretion, or where there are circumstances where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing examination, or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials established in the course of the appellate court’s sentencing examination (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2)
A. The lower court, under the circumstances that ① the Defendant committed an indecent act on the part of the victim’s arms who was passing on the road, committed an indecent act, and the victim received a considerable sexual humiliation and mental impulse, ② the Defendant was punished by imprisonment with prison labor for the same kind of crime twice, ② the Defendant seems to have committed an indecent act on the part of the victim, ② the fact that the Defendant appears to have committed an indecent act on the part of the victim, ② the degree of the exercise of tangible power and the degree of indecent act, and the fact that the Defendant supported his wife with the disabled and the aged of class 5 with physical disability, respectively, taking into account all the favorable circumstances, and comprehensively taking into account all the sentencing conditions into account two years of imprisonment with prison labor for August.