The prosecutor's appeal is dismissed.

The court below's sentence (one year of imprisonment, two years of suspended execution, and 40 hours of sexual assault treatment program) against the defendant in summary of the reasons for the prosecutor's appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case committed by the Dog-dong was committed by the Defendant at a convenience store, by larcenying 1 reduction of Kimb, by coercioning the female employee demanding the return of the 112 report, and by obstructing the legitimate performance of official duties at the same time. In light of the contents of the crime, it is recognized that the Defendant was disadvantageous to the Defendant, such as the fact that the crime was heavy, and that the Defendant did not agree with the victims, etc.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, the defendant appears to have committed the crime in this case by contingency, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the sentence against the defendant is unfair because it is too uneasible, considering the overall circumstances surrounding the sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, etc.

In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "application of Acts and subordinate statutes" of the judgment of the court below is to delete "Article 60 (3) of the Juvenile Act" from among the suspended execution.