The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence (one year and six months of imprisonment, three years of suspended execution, etc.) imposed on the defendant by the court below is too unhutiled and unfair.

Judgment

The crime of this case is committed by the victim who is a young female victim and attempted to commit an indecent act by force by the victim. The crime of this case was committed with heavy liability, and the crime appears to have led to the occurrence of considerable mental shock by the victim. Nevertheless, the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

On the other hand, the following are the circumstances: (a) the instant crime was committed against the attempted attempt; (b) the exercise of the tangible force committed during the instant crime was relatively heavy; (c) the Defendant was the primary offender; and (d) the Defendant’s symptoms due to dementia are deemed to have affected the instant crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and method of committing the instant crime, and the conditions of sentencing as shown in the pleadings of the instant case, and the scope of sentencing (one year to July 6) pursuant to the sentencing guidelines established by the Supreme Court’s Sentencing Committee, and the standards of suspension of execution, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.