준강제추행
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3.5 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance, such as the fact that the nature of the instant crime is not good in light of the background, content, degree, etc. of the instant crime, and the fact that it was not agreed with the victim.
However, the fact that the defendant recognized the crime of this case and opposed to it, and that there is no other record of crime except the record of punishment of a fine once due to the crime of immigration around 1999.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, prosecutor's assertion 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 appeal is without merit. It is so decided as per Disposition.