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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (for four months of imprisonment, two years of suspended sentence, one year of order to observe protection, and 40 hours of order to provide sexual assault treatment lectures) by the court below is too unfasible and unreasonable.
2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted at the trial court, there is no change in the terms and conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged as grounds for sentencing are unfair are already reflected in the lower court’s sentencing grounds, and in full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, prosecutor's assertion is without merit.
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.