2. The Defendant committed the instant crime again for about one month after being sentenced to suspended sentence due to a violation of the law on the part of the injured and children's clothes (child abuse) is an unfavorable circumstance to the Defendant.

However, in light of the facts charged by the Defendant, the degree of interference with duties is not excessive, the Defendant agreed with the victim, and the Defendant was ordered to observe the above suspended execution and attend a child abuse treatment program. According to the notification of the protection and observation by the head of the Dong branch office in the Daegu Protection Observation Office, the Defendant is under alcohol dependence treatment while the Defendant appears to be under a relatively sincere condition in the instruction and attending a lecture. In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstance leading up to the crime, means and consequence, and all of the sentencing conditions in the records and arguments of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s aforementioned 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. It is so decided as per Disposition.