Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the lower court’s punishment (the suspended sentence of KRW 500,000) is too unfilled and unfair (the prosecutor stated his opinion that the Defendant should be sentenced to a fine of KRW 500,000). 2. The judgment of the lower court is the first offender who has no criminal history, and the Defendant requested to assist the husband’s husband as a matter of the husband who is the victim, and the circumstances leading to the instant crime may be considered.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., it is difficult to view that the lower court’s sentence against the Defendant is too uneasible and thus, should be reversed.
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.