2. Even if the Defendant had a number of records of the same crime, if it is considered that the Defendant did not engage in the same repeated crime and again committed the instant crime during the same repeated crime period, and that the place of the crime is a hospital that treated the Defendant, it is necessary to severely punish the Defendant.

However, in full view of various circumstances, including the Defendant’s age, occupation, environment, sexual conduct, health conditions, motive and circumstance of the crime, method and method of the crime, circumstances after the crime, etc., where the lower court’s punishment giving the Defendant an opportunity of rehabilitation is too unreasonable, and thus, it does not seem unfair. Thus, the Prosecutor’s unjust assertion of sentencing is not acceptable, given that the Defendant’s punishment giving the opportunity of rehabilitation is too unreasonable.

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.