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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (an order to suspend the execution of imprisonment for two years and six months, and an order to attend a sexual assault treatment lecture 40 hours) is too uneased and unreasonable.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from a reasonable scope, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions of the Defendant compared with the lower court, and even if all the sentencing grounds specified in the argument in the instant case are comprehensively taken into account, the lower court’s sentencing was too unfluent and so far exceeded the reasonable scope of discretion.
It does not appear.
The prosecutor's improper argument in sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.