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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal - The lower court’s sentence (the suspended sentence of KRW 5,00,000,000) on the grounds of unfair sentencing is too uneasible and unreasonable.
2. The crime of this case is a case where a female juvenile, who is only 15 years of age, was forced to commit an indecent act by the defendant, and the nature of the crime is not good in light of the victim’s age, details and method of the crime, and the victim appears to have suffered considerable sexual humiliation and mental impulse due to the crime of this case. In light of the above circumstances, the necessity of punishment corresponding to the defendant’s responsibility is recognized.
However, on the other hand, the circumstances such as the fact that the defendant led to the confession of the crime of this case, the defendant was aware of his mistake, the defendant committed the crime of this case with drinking alcohol and contingent, and the degree of such indecent act seems to be relatively minor, the victim's parents wanting to agree with the defendant, the defendant's age of 80 years is not good, and the defendant was living faithfully in addition to punishment twice due to the violation of the Road Traffic Act of the past, and the defendant seems to have been living faithfully without any special criminal power in addition to punishment twice due to the violation of the Road Traffic Act of the past.
In light of the above various circumstances, there is no change in special circumstances that could change the sentence of the lower court when it comes to the trial. In addition, considering the following conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, means and consequence of crime, and the scope of recommended sentencing guidelines for the enactment of the Sentencing Commission, the sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit.