성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of five years, a community service order for 80 hours, and an order to attend a sexual assault treatment lecture for an excessive period of 80 hours) is too uneased and 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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.
The prosecutor's assertion of unfair sentencing is without merit.
3. The prosecutor's appeal of conclusion 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.