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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine and 40 hours of completion of a sexual assault treatment program) is too unhued and unreasonable.
2. Each of the instant crimes is an unfavorable circumstance against the Defendant, where each of the instant crimes was committed by the Defendant, with a total of 32 times for the purpose of meeting his/her own sexual desire, by having the victim feel a sense of sexual humiliation or aversion through telephone, and the nature of the crime is not less minor, and the victim is seeking the punishment of the Defendant.
However, in full view of the following circumstances: (a) there is no past history of punishment for the Defendant; (b) there is a family member supporting the Defendant; and (c) there is no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment was rendered; (d) the Defendant’s age, character and behavior; (b) environment; (c) motive and background of the offense; (d) means and method of the offense; and (e) circumstances that are conditions for sentencing as indicated in the present arguments and records, such as the circumstances after the crime was committed, the sentence imposed by the lower
Therefore, prosecutor's assertion is not accepted.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.