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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, community service, and order to attend a lecture) is deemed to be too unhued and unreasonable.
2. It is reasonable to respect the sentencing conditions compared to the judgment of the court of first instance, and where the sentencing of the court of first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From such perspective, it is reasonable to respect the sentencing of the defendant (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From such perspective, the lower court determined that the sentencing of the judgment was punished as stated in the judgment of the lower court on July 13, 2019, on the ground that the sentencing of the defendant was driven by drinking on the same day as that of the crime record in the judgment of the lower court, and the driver’s license of the defendant was revoked due to the above drinking, the lower court did not change the circumstances favorable to the defendant, such as the Defendant’s blood alcohol level at the time of the instant case, and that there was no special change in circumstances other than that of a fine imposed on the defendant.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court exceeded the reasonable scope of discretion, and thus, exceeded the reasonable scope of discretion.
It does not appear.
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.