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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution of imprisonment with prison labor for six months) is too unhutiled and unfair.
2. The judgment below seems to have determined punishment by taking into account the circumstances such as the fact that the victim was not agreed with the victim, that the defendant again committed the crime of this case despite the fact that the defendant was sentenced to suspended sentence or sentenced to imprisonment for the same kind of crime, that the defendant is led to confession and in depth in the court, and that a significant portion of the damage amount in this case is deemed to have been used as
When comprehensively taking into account the motive, background, result, the circumstances after the crime, the defendant's age, sexual conduct, records of punishment, etc. in the trial of the political party, as well as the matters on which the sentencing conditions have been attached, the statutory penalty, and the sentencing guidelines, the judgment of the court below exceeded the reasonable bounds of discretion.
There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no such special circumstance.
Therefore, the prosecutor's ground of appeal cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.