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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (amounting to KRW 15 million and order to complete a sexual assault treatment program at KRW 40 million) is unreasonable as it is excessively uneasible.
2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of the discretion, and it is desirable to refrain from sentencing by destroying the first instance judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court, even though the sentence of the first instance falls within the reasonable scope of the discretion of the appellate court, and to sentence a sentence without any difference between the first instance court and the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant on the grounds of the sentencing as stated in its reasoning, and even though the Defendant was aware of the fact that he was a juvenile, the circumstances unfavorable to the sentencing of the prosecutor are already determined in the lower court by fully considering the fact that the Defendant is guilty and there is no criminal history.
It does not seem that there is no particular change in the conditions of sentencing in the trial, and it is reasonable to respect the sentencing of the court below.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.