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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.
2. In our criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, where there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant case is not likely to be a crime that the Defendant committed an indecent act by forcing the Defendant to board the bread victim on the taxi as a customer, and by forcing him/her to do so.
Even in 2008, the Defendant was sentenced to a suspended sentence of one year and six months for sexual crimes, and was unable to receive a letter from the injured party due to an agreement with the injured party, and did not recover any damage.
These points are disadvantageous to the defendant.
However, the Defendant shows the attitude to recognize and reflect all of the instant crimes, and the degree of tangible force used at the time of the instant crime seems to be relatively weak.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the instant crime, means and method of the instant crime, and all the sentencing factors revealed in the trial process, etc., the sentence imposed by the lower court is not deemed to have exceeded the scope of reasonable discretion or to be unfair because it is too low.
Therefore, the prosecutor's above assertion is without merit.
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. It is so decided as per Disposition.