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The prosecutor's appeal is dismissed.
Reasons
1. In light of the following facts: (a) the prosecutor’s appellate brief (unfair sentencing) committed by the Defendant appears to have caused sexual humiliation to the victim; (b) the Defendant was subject to criminal punishment for the same kind of crime; and (c) the Defendant was not liable to compensate for damage; (b) the sentence of the lower court sentenced to suspension of execution two years, observation of protection; (c) community service order for 120 hours; and (d) order to attend lecture for sexual assault treatment for 40 hours is too uneasible.
2. In full view of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, considering the following: (a) the Defendant’s mistake is recognized; (b) the effect of the prevention of re-offending can be expected through the observation of the protection, etc. sentenced by the lower court; and (c) the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime; and (b) all the sentencing conditions specified in the records and arguments, such as the circumstances alleged in the grounds of appeal
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.