강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of three million won (the suspended sentence of a fine of three million won) declared by the court below is too unhued.
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
The judgment below
In full view of the circumstances of the lower court, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the sentence, and the circumstances after the crime, there are no new circumstances or special changes in circumstances that may be reflected in the sentencing, and furthermore, the lower court’s sentence is too weak, as it goes beyond the reasonable scope of discretion, in light of the following circumstances: (a) the Defendant is the primary offender; (b) the victim does not want the punishment of the Defendant; and (c) the degree of indecent act is not serious.
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 as it is without merit. It is so decided as per Disposition.