강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. As to the sentence (4 million won in penalty and 40 hours in order to complete a sexual assault treatment program) declared by the court below, the defendant asserts that the defendant is too unreasonable due to his excessive absence, and the prosecutor argues that it is improper because it is too unfluent and unfair.
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
The crime of this case was committed by force on two occasions and did not constitute a crime and did not reach an agreement with the victim.
However, the lower court’s punishment is too heavy or unreasonable, considering all of the sentencing conditions as shown in the arguments and records, such as the Defendant’s age, career, sex, environment, and circumstances after the commission of the crime, including the fact that the Defendant was the first offender and the Defendant’s mistake is recognized.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.