The prosecutor's appeal is dismissed.

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair argument of sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court’s judgment.

In addition, comprehensively taking account of the elements of sentencing unfavorable to the defendant, such as the fact that the defendant and the victim of the medical care and custody (hereinafter “defendant”) committed a crime under the mental and physical weakness due to the psychological disorder of this Article and the fact that the damage caused by the crime is relatively minor, etc., the court below’s punishment was too unrepared and exceeded the reasonable scope of discretion, even if considering the elements of sentencing unfavorable to the defendant, such as the fact that the victims did not recover from damage.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. In a case where a prosecutor filed an appeal against the Defendant’s case, it is deemed that an appeal was filed against a custody case pursuant to Article 14(2) of the Medical Care and Custody Act. However, there are no grounds for reversal ex officio without submitting the grounds for appeal regarding a custody case.

3. The appeal by the conclusion prosecutor is dismissed for reasons.