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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, and forty hours of order to complete program) is too unhued and unreasonable.
2. The Defendant’s crime of this case is heavy in light of the following facts: (a) the Defendant committed an indecent act by making use of the victim’s chest while under the influence of alcohol, (b) committing an indecent act by putting her chest on the part of the victim; and (c) the nature of the crime is considerably bad; and (d) the victim of this case is suffering from extreme mental distress; and (c) the victim of this case appears to have left a wound that cannot be cured at the entire family of the victim.
However, considering the following facts: (a) the Defendant recognized all of the instant offenses; (b) the Defendant did not seem to have committed a crime planned for the purpose of committing an indecent act against the victim from the beginning; (c) the Defendant did not have any criminal history; (d) the Defendant has yet to reach the age in light of social life; and (e) the risk of recidivism does not seem to have high; and (e) other sentencing conditions specified in the instant records and pleadings, such as the Defendant’s character and conduct, environment, relationship with the victim, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., are examined, the lower court’s punishment cannot be
3. In conclusion, the prosecutor's appeal 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.