성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the lower court rendered (five million won in penalty, five million won in penalty, and forty-hour program of sexual assault treatment) is deemed to be too uneasible and unfair.
2. The crime of this case is acknowledged that the Defendant committed an indecent act against the victim under his/her direction, and that the Defendant’s liability for the crime is not less than that against the victim’s position in light of the method of committing the crime in question with the victim’s position, and that the victim wanted to be punished by the Defendant.
However, all the facts charged of this case are recognized by the defendant and reflects his mistake, the defendant has no criminal record for the same kind of offense, and the extent of the indecent act of this case is significant.
It is also difficult to see.
In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.
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.