공갈등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, confiscation, probation, order to attend a course, and order to restrict employment) is too uneasable and unreasonable;
2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant commits a crime and reflects the criminal conduct, the fact that the victim does not want the punishment for the defendant by payment of reasonable consolation benefits, and the fact that the victim seems to have an opportunity to reflect his/her sexual intercourse through confinement for not less than five months) and unfavorable circumstances (the fact that the victim who was a sexual relation with the victim was sexually related with the victim, and the victim's climfe is not good, and the crime of this case is committed without being aware of it during the suspension period of the execution of imprisonment due to the crime of this paper) and the circumstances unfavorable to the defendant.
In light of the aforementioned grounds for and the defendant's age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, various circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that the court below did not change the punishment against the defendant, the sentencing of the court below is appropriate and it cannot be deemed that it abused its discretion or deviates from the limits of discretion.
The sentencing of the court below is not unfair.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.