강제추행
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the punishment (3 million won in penalty, and 40 hours in sexual assault treatment programs) declared by the court below is too uneased and unfair.
2. Although the victim is deemed to have desired punishment of the defendant, the fact that the defendant recognized the crime of this case and reflects his mistake, and the degree of indecent act of this case is particularly important in itself.
In light of the fact that it is difficult to see that the Defendant has no record of punishment exceeding the punishment history or fine due to the same crime, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s punishment is too unfluent and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.