강제추행
Defendant
All appeals by prosecutors are dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the sentence of the lower court (five million won in punishment, and forty hours in order to complete a sexual assault treatment program) is too heavy, (a) or (b) and (c) softened.
2. In full view of all the sentencing conditions indicated in the records and arguments of this case including the circumstances that the court below rendered on the grounds of sentencing (the crime of this case is committed by the defendant who committed an indecent act against the victim who is the wife of his subordinate employee in his residence, with the records that the defendant had been punished for the same kind of crime even before, on the other hand, the defendant had the record of being punished for the same crime; the defendant's mistake, the degree of conduct does not heavy; the victim does not want the punishment of the defendant; the defendant did not have any record of punishment exceeding the fine; and the defendant did not have any record of punishment) and all the sentencing conditions indicated in the records and arguments of this case.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.