군인등강제추행
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) sentenced by the court below (10 months of imprisonment, two years of suspended execution, etc.) is too unfluent and unfair.
Judgment
If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the terms and conditions of sentencing compared to the lower court in the first instance trial.
In light of the period and frequency of the crime, method and content of the crime, and the size and degree of the sexual humiliation and mental suffering suffered by the following soldiers, the crime of this case requires the criminal defendant to be punished.
However, in full view of the circumstances cited by the court below, including the fact that the defendant has no record of criminal punishment, two of three of the victims, and the fact that he/she does not want the punishment against the defendant, etc., the court below cannot be said to have exceeded the reasonable scope of discretion by excessively unfasibleing the defendant's punishment to the extent that the court below exceeded the reasonable scope of discretion, in light of the records and arguments of this case, including the defendant's age, character, conduct and environment
The prosecutor's assertion is not accepted.
In conclusion, the prosecutor's appeal is dismissed as there is no reason.