성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below (the suspended sentence of KRW 1,00,000) on the summary of the grounds for appeal is too unfasible and unreasonable.
2. The lower court seems to have suspended the sentence of the Defendant, taking into account the favorable and unfavorable circumstances to the Defendant.
When comprehensively considering the conditions of sentencing in the trial and the statutory penalty in the trial, the judgment of the court below exceeded the reasonable bounds of its discretion.
There is no circumstance to find out that the lower court’s maintenance of sentencing is unfair or that it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s sentencing and light judgment cannot be accepted.
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.