Defendant

All appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal (a pair of times) by which the court below sentenced the defendant to the punishment (7 million won of punishment, 40 hours of order to complete a sexual assault treatment program) is too heavy or unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 lower court determined a punishment within a reasonable scope, taking full account of the overall circumstances regarding the sentencing, such as the motive and degree of the instant indecent act, the Defendant’s primary offender, and the fact that the victim agreed with the victim, etc., and the president of G university removed the Defendant due to the instant indecent act. The president of G university removed the Defendant from office due to the instant indecent act. The Defendant lost the claim for confirmation of the invalidation of the dismissal disposition against the president of G university on January 25, 2018, which was following the lower court’s judgment. In full view of the various circumstances, including the Defendant’s failure to file an appeal and the judgment became final, and the sentencing conditions of the lower court’s sentencing process, including the motive, means and consequence, and circumstances after the crime.

3. As such, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.