공연음란
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., 5 million won of fine, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) of the lower court is deemed to be too uneasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering various circumstances that form the conditions for sentencing specified in the record and pleading of the instant case, the lower court’s sentencing is too unhued so far as it exceeds the reasonable scope of discretion.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.