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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (the suspension of the execution of the imprisonment of six months, the suspension of the execution of the imprisonment of two years, and the suspension of the lecture for sexual assault treatment of eight hours) is too uneased and unreasonable.
2. In our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court in determining sentencing, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed an indecent act by force by force against the victims waiting for boarding a bus or taxi.
The victims seem to have caused a considerable sense of sexual humiliation due to each of the crimes in this case, and have not yet made the Defendant available.
Before committing each of the crimes in this case, the Defendant has been punished for each of the crimes of forced indecent acts, which are the same crimes, and for violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as cameras).
However, the defendant shows his attitude to reflect each of the crimes in this case.
After committing each of the instant crimes, the Defendant committed each of the instant crimes with weak mental and physical disorder due to early illness, etc., the Defendant appears to have been working to return to society by hospitalized in the Jeju University Mental Health Department and receiving mental treatment, etc.
In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion or is too uneasible and unfair.
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 appeal is without merit. It is so decided as per Disposition.