강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won in penalty, and 80 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance to the Defendant, such as the fact that the victim appears to have suffered a considerable sense of sexual humiliation, and that the victim was unable to agree with the victim.
However, comprehensively taking account of the following favorable circumstances: (a) recognition of and reflects on the crime; (b) the Defendant’s family members are leading; and (c) balance of the general punishments in cases of the same or similar kind in which the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence, it is difficult to deem the lower court’s
Therefore, the prosecutor's above argument of sentencing is without merit.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.