The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of three years, five years of probation, observation of protection, community service, 160 hours of sexual assault treatment, 80 hours of sexual assault treatment) is deemed to be too uneasy and unreasonable.

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 in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from reversal of the first instance judgment and rendering a sentence that does not differ from the first instance court solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Since new materials on sentencing have not been submitted in the health division and the appellate court, there is no change in the conditions of sentencing compared with the lower court, and even considering all the reasons stated by the lower court, it is not recognized that the sentencing of the lower court goes beyond the reasonable scope of the discretion by being too unfford.

Therefore, prosecutor's argument 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.