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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (two years of imprisonment, four years of suspended sentence, two years of probation, two years of community service, 120 hours of sexual assault treatment programs, 40 hours of completion of sexual assault treatment programs) is too unfasible to the gist of the grounds for appeal.
2. The judgment of this case is a crime that has a peace in residence, which is a space subject to protection, and the degree of indecent act committed by the defendant is not less severe, and considering the fact that the victim's age is very poor, it is true that the judgment of the court below's sentencing criteria is not appropriate.
Since this case does not constitute an element of less than 13 years of age, a crime of indecent act by house shall be deemed to be a type of crime of rape for more than 13 years of age.
(See the applicable provisions by constituent element of 45 pages of the sentencing guidelines in 2012). If the victim (a) who is vulnerable to the commission of a crime and (b) who is not subject to punishment (a) are admitted into each special person as a specific person, the scope of the recommendation sentence is limited to two years to five years of imprisonment.
However, in full view of various circumstances that are favorable in determining punishment, such as the Defendant’s age, character and behavior, occupation, living environment, background leading to the offense, method of the offense, circumstance after the offense, etc., the sentence of the lower court is too unjustifiable enough to reverse it, the Defendant appears to be an contingent crime under the influence of a certain degree of alcohol, the Defendant has no criminal power prior to the instant case, and the Defendant does not want punishment in the injured party, etc.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.