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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.
2. Determination is an unfavorable circumstance that the defendant has a history of crime of the same kind on several occasions, and the victim's damage is recovered or has not been agreed with the victim.
On the other hand, the crime of this case was committed once, and the amount of damage was very significant.
It is difficult to see that the defendant has no record of punishment exceeding the fine, except before the suspension of the execution of imprisonment in 2013.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.