성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (3 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. The judgment of the Defendant was sentenced to a fine for the same crime after he/she was sentenced to the suspension of indictment twice as a crime of obscene performance, and the fact that the Defendant again committed the instant crime even though he/she was in the period of suspension of execution after having been sentenced to a suspended sentence for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse.
However, in full view of the fact that the defendant's mistake and reflects, that the defendant suffered from Aussama-gun, shock control disorder, that the defendant made efforts not to repeat the crime, such as being hospitalized by the defendant to treat shock control disorder, that the defendant was able to use and agreed to do so by the injured party, and that all the sentencing conditions of the defendant's age, sex, environment, motive, means and consequence of the crime, etc. as stated in the arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., are too unjustifiable and unfair.
Therefore, prosecutor's assertion is not accepted.
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.