무고
The prosecutor's appeal is dismissed.
In the judgment of the court below, the part of "necessary reduction or exemption" in the "application of statutes" of the court below.
1. The summary of the grounds for appeal (public prosecutor) is too unfased and unfair. The penalty (7 million won of a fine) imposed by the court below against the defendant is too unfased.
2. The lower court: (a) took account of the circumstances favorable to the Defendant, such as the fact that, in the event of an accusation against a sex offense, there is a high risk that the Defendant would be subject to unfair punishment; (b) the fact that, due to the Defendant’s in-depth accusation, the Defendant appears to have suffered from a prosecutor’s office to recognize and reflect his/her wrongness; (c) the Defendant appears to have been subject to criminal punishment; and (d) the fact that the Defendant is a primary offender who has not been subject to criminal punishment; and (d) the person with severe disabilities of class 1, the lower court sentenced the above punishment by taking into account the favorable circumstances, such as the Defendant’s age, character and behavior
There is no change in the sentencing conditions compared with the original judgment as the new sentencing data has not been submitted in the trial, and in full view of various sentencing conditions revealed in the records and arguments, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unhued.
The prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal 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.