아동ㆍ청소년의성보호에관한법률위반(강제추행)
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, considering the factors of sentencing that are disadvantageous to the defendant, such as the fact that the defendant recognized the crime, commits a mistake against the defendant, has no record of criminal punishment for the same crime, and is a disabled person of Grade VI with visual disability, etc., even if considering the factors of sentencing unfavorable to the defendant, such as the fact that the nature of the crime is inferior, the sentence of the court below exceeded the reasonable scope of discretion by excessively unhued
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.