강제추행
The defendant's appeal is dismissed.
1. In light of the following: (a) the Defendant’s appellate brief (unfair sentencing) reflects the error of the Defendant; (b) the Defendant committed the instant crime on a contingent basis after drinking alcohol; (c) the Defendant did not have any history of criminal punishment; and (d) the Defendant was in the crisis of forced departure from the Republic of Korea due to the instant crime; (b) the Defendant was a Korean national residing abroad (F-4); and (c) was under the crisis of forced departure from the Republic of Korea, the lower court’s sentence ordering orders to complete a sexual assault treatment program program for six months and forty hours is too unreasonable.
2. The crime of this case is determined at the latest by finding the victim D (at the age of 19) on the road at the time when the defendant was late, bringing about her face to the ambel by leaving about 20 meters following the ambel, and taking the chest into mind, etc. It is not good that the crime of this case was committed, and it seems that the victim was unlikely to feel sexual humiliation and mental shock, and the damage was not compensated until the trial. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, as stated in the records and arguments of this case, the above assertion is without merit, and thus, the court below's punishment is not deemed unfair even if considering the circumstances asserted in the grounds for appeal.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.