준강제추행
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal by the prosecutor (unfair sentencing) is as follows: (a) the crime of this case is not good to be committed by indecent act by taking advantage of the victim's chest and her chest in the soup room; (b) the defendant was punished by a fine of 1,00,000 won due to an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in a public concentrated place) on November 29, 2010; (c) in addition, the crime of this case was committed; (d) the risk of recidivism was high; (d) the victim was not compensated; and (e) the victim was wanted for severe punishment against the defendant. In light of the above, the sentence of imprisonment for six months, one year after suspension of execution and observation of protection; (d) community service order for 80 hours; and (e) the order to undergo education for treatment of sexual assault for 40 hours is too unreasonable.
Judgment
In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that there is no history of punishment exceeding a fine, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime. Therefore, the above assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.