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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (two years and six months of imprisonment) is too unhued and unreasonable.
2. The lower court sentenced two years and six months to imprisonment, taking into account the circumstances favorable to the Defendant, the circumstances favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee (two to five years), etc.
When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing criteria, etc.
There is no other circumstance in which the lower court’s determination of sentencing is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, background and consequence of the crime, circumstances after the crime, etc., the lower court’s sentence is appropriate, and it cannot be deemed unfair as it is too uneasible.
The prosecutor's improper argument in sentencing 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.