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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too uneasy and unfair, that of the lower court’s punishment (limited to 8 months of imprisonment, 2 years of suspended sentence, 40 hours of sexual assault treatment lectures, 40 hours of alcohol treatment lectures, 40 hours of psychological treatment lectures, and 80 hours of community service for 40 hours of mental treatment).
2. The Defendant recognized the instant crime from an investigative agency and is against the law.
Although the defendant had the same criminal record, it was around 10 years before the day of the crime of this case, which alone is likely to repeat the crime of this case.
It is difficult to conclude it.
The lower court appears to have sentenced the Defendant to a suspended sentence of imprisonment, taking into account all the sentencing conditions, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the degree of damage, and thus, deemed that the Defendant was subject to various orders to attend a course and the orders to provide community service, and thus, cannot be deemed to have been unfair due to excessive
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.