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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty, five million won in total, and forty hours in total in a sexual assault treatment program) is too uneased and unreasonable.
2. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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 deceiving the chest of a woman who was late at night, and in light of the background and method of the offense, etc., the nature of the offense is not good.
Due to this case, the victim seems to have suffered mental impulses together with sexual humiliations, and the victim has not been able to use the defendant until now.
However, the Defendant, while recognizing the instant crime, is against the Defendant.
The defendant has no record of criminal punishment before the crime of this case is committed.
In light of the circumstances such as the defendant's family's accurate recognition of the crime of this case and the prevention of recidivism, it seems that the social relationship of the defendant seems obvious.
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, the sentence imposed by the lower court is not deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unfeasible.
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.