성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) in light of the following: (b) the Defendant’s act of this case was committed in the previous vehicle, which is not highly likely to have committed a crime as to the part of the victim’s sexual organ within the previous vehicle; and (c) the damage was not recovered; and (d) the Defendant’s order to complete a sexual assault treatment program for a fine of KRW 1,50,000 and 40
2. The judgment of the court below is against the defendant's wrong, and there is no record of criminal punishment, the defendant must pay the living expenses of the wife and his children studying in the Republic of Korea while working as the telecomter. 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 conditions for sentencing, such as the defendant's character and behavior and the environment, as shown in the records and arguments of this case, the court below's sentence is not judged to be unfair even considering the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.