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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.
2. The crime of this case is found to be committed by the defendant with the hands of the victim who is a woman of 15 years old and older, with his own view, because the defendant demanded to do so again, and as the victim demanded to do so, as the defendant et al. was living together with his hand without any choice, it is forced to put the defendant et al. into the victim's chest, make the victim's chest, her chest, her chest, trying to talk with the victim, her finger, her finger, and her finger, her finger, and her finger, her finger, her finger, and her other finger, and it is found that the crime was committed by compulsiond by a juvenile, such as "the victim who was 30,00 won," and her bage, and it is poor that the victim did not have a little sense of sexual humiliation, and that the victim seems to have inflicted an adverse influence on the formation of a sound sexual identity.
However, there are more favorable factors of sentencing or objective and neutral factors of sentencing, such as the confession of the Defendant to commit the instant crime, the depth of his mistake, the fact that the Defendant does not have any criminal records exceeding the same criminal records or fines, the elderly point, the degree of the Defendant’s use of force to the victim is about the level of force rather than assault and intimidation.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in the pleadings, including the circumstances after the crime, and the fact that there is no evidence to prove that the Defendant had special sexual intercourse with the child or juveniles, etc., the sentence imposed by the lower court cannot be deemed to be somewhat weak to the extent that it should be reversed.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
- [The principal basis for the judgment of both punishment]