강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. The appellant regarding the appeal of a defendant shall submit a written reason for the appeal to the appellate court within 20 days from the date on which he/she receives the notice of the record of trial (Article 361-3(1) of the Criminal Procedure Act). If the written reason for the appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). The defendant is notified of the receipt of the record of trial by this court on December 23, 2017, but fails to submit a written reason for the appeal within the period for submitting the due reason for the appeal. The petition of appeal does not contain any indication of the reason for the appeal and does not find any reason for ex officio examination on the records.
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the lower court’s punishment (two years of the suspension of the execution of four months of imprisonment, twenty-four hours of sexual assault treatment lectures, 80 hours of community service) is too unfford and unreasonable.
B. The lower court’s judgment did not appear to have led the Defendant to the victim or endeavor to recover from damage, and that the victim wanted to punish the Defendant, and that the Defendant was not in good condition after the instant crime, such as the victim’s male-child zone and the Defendant’s attachment of vision, is disadvantageous to the Defendant.
However, in full view of the favorable circumstances, such as the fact that the defendant was punished for sex crimes or has no record of being sentenced to a suspended sentence or heavier punishment, that the defendant led to the crime of this case in the original court and the trial court, that the degree of his criminal conduct is not much serious, and that other various sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, like similar cases and the equity in sentencing, the sentence of the court below cannot be deemed unfair because it is too 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. The appeal by the defendant is dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act.