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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.
2. Determination of the instant crime is an unfavorable circumstance in light of the content, method, and frequency, etc. of the instant crime; the victims seem to have suffered considerable mental impulse; and the victims have been punished three times due to the instant crime (amount of punishment and suspension of execution).
However, there are favorable circumstances such as the fact that the defendant recognized the crime of this case, the fact that the victim does not want the punishment of the defendant by mutual agreement with three of five of the victims, and that there is no record of punishment for the same kind of crime.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.