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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant was sentenced to 6 months of imprisonment with prison labor for obscenity and intrusion upon residence, and committed each of the instant crimes during the suspended execution period, and thus, is highly likely to repeat the crime. In light of the fact that each of the instant crimes was committed under a fatal plan, and that the damage recovery was not made, the lower court’s sentence that sentenced the Defendant to the order to complete the sexual assault treatment program for a fine of 7 million won and 120 hours is too uneasible.
2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s personality and behavior and the environment, the lower court’s punishment is not deemed unfair even if considering all the circumstances alleged in the grounds for appeal are considered, given that there is no history of criminal punishment except for the suspended execution once as seen earlier, the Defendant is in the department of mental health of the N Hospital; the Defendant is trying to treat sexual impulses upon receiving pharmacologic treatment and mental treatment; the victims have been injured; the victims have expressed their intent not to be punished; and the victims expressed their intent that they do not want to be punished.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.