강제추행
All appeals filed by the defendant and prosecutor are dismissed.
1. On November 14, 2018, after a defendant submitted a petition of appeal on November 12, 2018, the defendant did not submit the statement of grounds for appeal within the submission period of legitimate grounds for appeal even when he/she was served with the notification of the receipt of the trial records by this court. The petition of appeal does not contain any indication of the grounds for appeal.
Therefore, a decision to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act should be made, but since the prosecutor's appeal is dismissed by judgment as follows, the dismissal of appeal shall not be decided separately, and a decision shall be
2. Judgment on the prosecutor's appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, and 40 hours’ order to complete a sexual assault treatment program) is too unhued and unreasonable.
B. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the judgment of the original court. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion because it is too unhued.
An appeal by a public prosecutor shall be groundless.
3. The appeal by the defendant is dismissed in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, and the appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.