성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (2 million won in punishment, 40 hours in total, and orders to complete sexual assault treatment programs) based on the summary of the grounds for appeal is unreasonable as it is too uneasible.
2. In light of the fact that the victim got a significant mental impulse due to the Defendant’s instant crime, and that the victim did not agree with the victim, strict punishment against the Defendant is necessary.
However, in full view of all the sentencing circumstances shown in the records and arguments, such as the Defendant’s time to commit the instant crime and his depth is divided, there is no history of punishment for the same kind of crime, mental disorder of class 2, the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and consequence, etc., the lower court’s sentencing is too unfeasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.