강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won in penalty, five million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too heavy or uneased and unreasonable.
2. According to the following: (a) the Defendant committed an indecent act against the victim by taking advantage of his/her occupational position; (b) repeated indecent act in an sealed space; and (c) the victim seems to have obtained a large mental impulse, it is inevitable to place the Defendant with severe punishment.
On the other hand, there are also circumstances to be considered, such as the defendant's agreement with the victim that the victim seeks the defendant's preference, that the defendant has committed all the crimes of this case, that has been engaged in social service activities within the meaning of reflectness, and that there has been no record of punishment for the same crime.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.