성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
The prosecutor's appeal is dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.
In addition, the lower court’s punishment was exceeded the reasonable scope of discretion in full view of the records and the sentencing conditions indicated in pleadings, such as the fact that the type of the Defendant’s exercise and the degree of indecent act is relatively not much severe and the injured person expressed his/her intent not to have the Defendant punished.
shall not be deemed to exist.
We do not accept the prosecutor's argument that the sentencing of the court below is unfair.
2. The appeal by the conclusion prosecutor is dismissed for reasons.