성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.
2. The judgment of the defendant is the first offender who has no record of crime, and is a mental disorder Grade 3 and a recipient of basic living. It is favorable for the defendant to make a confession of the crime of this case and reflect his mistake.
However, in light of the unfavorable circumstances, such as the fact that the chest of the victim sitting beside the bus and the nature of the crime is not good, the damage is not recovered, etc., and there is no change of circumstances in the sentencing after the decision of the court below, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the crime of this case, circumstances after the crime of this case, etc., the court below's punishment is too excessive and unfair. Thus, the defendant's argument is groundless.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.