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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of two million won, and an order to complete a program to prevent sex crimes for 40 hours) is too uneased and unreasonable.
2. The crime of this case was committed by the Defendants, while under the influence of alcohol on the strings of the majority of people, and was committed against the concept of sexual morality in our society, and the punishment of the unlawful act itself is not against the concept of sexual morality in our society.
However, the defendants have the following favorable circumstances.
Defendants are fully aware of the instant crime and are against the mistake.
Defendant
A Considering that the health condition is not good, such as suffering from brain 2nd degree disability, failure to memory after his head, Defendant B had symptoms, such as depression, and Defendants were under the influence of alcohol at the time of the instant crime, the Defendants seem to have committed the instant crime by contingency.
The crime of this case was committed by around 11:40 am a.m. on a day other than a public holiday (for most minors, hours in which they are in school), and it seems that there is no high possibility that many unspecified minors were present at the scene of the crime, as argued by the prosecutor.
There is no same force to the Defendants.
The defendants should not repeat the crime, and in the case of the defendant A, the friendly criminal defendant A has made efforts to correct the character and behavior of the above defendant.
In addition, comprehensively taking account of various circumstances, such as the Defendants’ age, sex, intelligence and environment, motive, means, and consequence of the commission of the crime, the lower court’s sentencing is deemed to be too uneasible and unfair.
Therefore, we cannot accept all the grounds for appeal by the prosecutor.
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.