2. The judgment of the court below is a situation unfavorable to the defendant that the defendant was suffering from a major illness and thus has a high risk of committing an act suitable for the shoulder of the victim; that the defendant did not agree with the victim or make monetary compensation; that the suspended sentence became final and conclusive on November 15, 2016 due to a special intimidation, and re-offendered during the suspended sentence period; however, the defendant had a record of having been punished for the same kind of crime several times.

However, in light of the fact that the Defendant appears to have committed a crime, that there was no injury to the victim, that there was no record of punishment except for those sentenced to a fine three times from the year 1995 to the year 2016, and that the Defendant is a beneficiary, and all of the sentencing conditions in the instant pleadings, such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the crime, etc., it cannot be said that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is not accepted.

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. It is so decided as per Disposition.