The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court’s punishment (limited to 8 months of imprisonment, 2 years of suspended sentence, 120 hours of community service, 40 hours of taking lectures to treat sexual assault, 3 years of restriction on employment) is too uneased and unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case, there is no particular change in the sentencing conditions compared to the first instance court, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too uneasible.

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.