beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence of two million won or more) is unfair because it is too unfilled.
2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the judgment of the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the judgment of the appellate court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The instant crime was committed by forcing the Defendant to commit an indecent act by means of using the Defendant’s sparing the victim in singing, sarbling the chest, and saring the finger into the knish, and making the knick. The degree of the criminal conduct is not easy.
However, the defendant was aware of the crime in the trial of the party, and was in profoundly against the victim in the trial of the court below.
In addition to the punishment of a fine of 500,000 won under the Act on Special Cases concerning the Settlement of Traffic Accidents in 2006, there is no particular history of punishment for the defendant.
In light of these circumstances, the lower court’s sentence exceeded the reasonable bounds of discretion, taking into account the motive and background, consequence, relationship with the victim, Defendant’s age, sexual conduct, environment, health, etc.
It does not appear.
Therefore, prosecutor's sentencing and warning cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.