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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too unjustifiable and unreasonable.
B. It is unreasonable for the court below to dismiss the request for the attachment order of this case and the request for the probation order of this case, even if the defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “defendant”) recognize the risk of recidivism.
2. Determination
A. The instant crime of this case on the assertion of unfair sentencing is deemed to have committed an indecent act by force after the Defendant inducedd the victim who is a child or juvenile, and committed an indecent act by force, and the nature of the relevant crime is not good. The Defendant appears to have been aware of considerable mental suffering and pain to the victim due to the instant crime, and the Defendant again committed the instant crime by having been sentenced to a suspended sentence of imprisonment with prison labor for the same crime, and several months, in view of the fact that he committed the instant crime, it is necessary to strictly punish the Defendant.
However, the defendant acknowledges the crime of this case, repents and reflects his mistake, it seems that the defendant does not have any weight in the form of force or indecent act committed in the crime of this case, the defendant suffers from symptoms that do not control sexual impulses, and the above symptoms appear to have any influence on the crime of this case. Since the above symptoms are being improved after the crime of this case, it is difficult to see that the sentence of the court below exceeded the reasonable scope of discretion, and other factors such as the defendant's age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime of this case, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission, the sentence of the court below is unfair even if considering all the circumstances asserted by the prosecutor.