상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence imposed on the Defendant (limited to four months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too uneased and unreasonable.
2. Although the defendant was unable to agree with the victim, it is recognized that there is no criminal history against the defendant who is 62 years of age, and in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the court below's punishment against the defendant is too uneasible and unfair. Thus, the prosecutor's improper assertion of sentencing is without merit.
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.