강제추행
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (two years of suspended sentence for four months of imprisonment, and 40 hours of the lecture attendance order for sexual assault treatment) is too unhued and unreasonable.
2. The judgment of this case is an unfavorable circumstance where the defendant committed an indecent act by deceiving the victim's hand, buckbucks, etc. that the defendant sits in the side of the bus stop by hand, and the liability for the crime is not less light. The defendant has a record of having received a disposition of suspending indictment due to the same kind of crime, and the fact that the defendant was unable to agree with the victim.
However, when the defendant was in the first instance, it is recognized that the crime of this case is committed, and the degree of the indecent act of this case and the type of the defendant used is relatively more important.
It is difficult to see that there is an old age of 85 years and that the defendant suffers from dementia, etc. is not good.
In full view of the above circumstances and other circumstances, such as the character, conduct, intelligence and environment of the Defendant, the background leading up to the instant crime, the means and methods of committing the crime, and the circumstances after committing the crime, the lower court’s punishment is excessively unfavorable, beyond the reasonable scope of discretion.
It is difficult to see it.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.