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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of fine, and 40 hours of completion of sexual assault treatment programs) is too unhued and unreasonable.
2. The Defendant had no location and repeated the instant obscene act by following women returning home in late night time with only a scambling scambling, which shows their sexual organ. In light of the background and content leading up to the instant crime, the crime’s nature is not good, and the fact that the instant crime causes serious mental suffering to the victimized women, etc., are disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant’s confession and reflects all of the instant crimes; (b) the primary offender who has no criminal records; and (c) the Defendant’s age, family environment, and circumstances before and after the instant crimes, the Defendant’s punishment against the Defendant is too uneasible and unreasonable.
3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.