강제추행
The prosecutor's appeal is dismissed.
1. Even though the nature of the crime in light of the substance of the instant crime, is not somewhat weak in light of the substance of the instant crime, it causes secondary damages by denying the Defendant’s criminal act as consistent with the defense that the Defendant could not be able to understand at the lower court, thereby preventing the victim from being present at the lower court as a witness at the lower court’s court, and thereby, taking into account the mental impulse of the victim, etc., the lower court’s punishment (fine of KRW 3 million) is too unreasonable.
2. We examine the determination of the grounds for appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the lower court’s determination of the punishment at the lower court. Moreover, considering the following factors: (a) it is difficult to deem that the Defendant has no particular history of punishment except for punishment once as a minor fine, and the Defendant has committed an indecent act in the course of the pleading of the instant case; and (b) it does not seem that the sentencing of the lower court exceeded the reasonable scope of discretion because the sentencing of the lower court is too unflu
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.