The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (20 years of imprisonment) is too unhued and unjust.

Judgment

Based on the statutory penalty, the sentencing of the accused case is a discretionary judgment that takes into account the factors on the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court determined that the instant crime was irrelevant to the on-site disease, in light of the content of the instant crime, method, the Defendant’s speech and behavior, etc., and the fact that, in order to prepare for the instant crime in advance and avoid suspicion of the victim, the Defendant committed an intentional and cruel crime against the six-year-old child solely by engaging in the act similar to the victim’s mouth because it does not constitute rape, thereby complying with the victim’s sexual satisfaction.