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The prosecutor's appeal is dismissed.
Reasons
1. In light of the following: (a) the gist of the prosecutor’s appeal (unfair sentencing) the Defendant had the record of having been sentenced to the suspension of indictment for the same kind of crime; (b) the victim’s sexual humiliation and mental impulses were likely to have occurred due to the instant crime; and (c) the lower court’s sentence, which sentenced the suspension of execution for 2 years, protection observation; (d) orders to attend sexual assault treatment lectures for 40 hours, and confiscation for 40 hours, is deemed unreasonable.
2. In full view of the circumstances alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake, the fact that there is no history of criminal punishment, the victim D expressed his/her intent that he/she does not want the punishment of the Defendant, and other conditions of all the sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable, and thus, the above assertion 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.