Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment, two years of probation, and 80 hours of order to complete sexual assault treatment programs) is too unhued and unreasonable;
2. The instant crime appears to have caused the victim to feel a sense of sexual humiliation and abundance due to the instant crime.
The defendant is not in agreement with the victim.
On the other hand, the defendant is a first offender who has a deep depth of his mistake and has no criminal record.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.