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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and 80 hours of sexual assault treatment program) is too unreasonable.
2. Determination
A. It is recognized that the Defendant led to confession of and reflect on the instant crime, support for parents, wife, and young children, and that the lower court agreed with the victim of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Violation of Public Place for Sexual Purpose), deposited KRW 5 million for the victim of the crime of indecent act by quasi-performance, and that the instant crime is in the relation of concurrent crimes after Article 37 of the Criminal Act with the crime of coercion by force as indicated in the lower judgment.
B. However, the Defendant was sentenced to a fine for an indecent act in 2006, and on September 23, 2014, committed a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) on or around December 9, 2014, and was suspended from prosecution on the condition of completing educational programs at the Seoul Western District Public Prosecutor's Office. From then on December 17, 2014, the Defendant committed an indecent act under the judgment of the lower court on or after 8 days, and again, committed an indecent act under the judgment of the lower court after 5 days thereafter. In so doing, the Defendant committed an indecent act under the judgment of the lower court on December 17, 2014, the Defendant did not appear to have committed an indecent act repeatedly against theless female, and thus, the Defendant was highly likely to be subject to an indecent act by taking into account the following circumstances: (a) the victim and the Defendant’s age favorable to the indecent act; and (b) the circumstances leading up to the Defendant’s punishment.
(c)
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.