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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case is deemed to have been committed in a total of 41 instances of body parts, etc. of women who suffered damage from mobile phone cameras in the subway stations beyond two months; and (b) the victim is a majority and the victims have not been compensated for damage even though the recovery is reasonable; and (c) the court below’s sentence ordering the Defendant to order to complete the sexual assault treatment program for a fine of 5 million won and 40 hours is too uneasible.
2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, considering the following factors: (a) the Defendant recognized the mistake and reflects the fact that there is no history of criminal punishment; (b) the person is currently under mental and medical treatment; and (c) the motive and background of each of the instant crimes; (d) the circumstances before and after the commission of the crime; and (e) the degree of damage; and (e) the character, conduct, environment, and family relationship of the Defendant as indicated in the instant records and arguments. Therefore, the foregoing assertion is without merit.
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.