2. Although the Defendant had had the record of being punished as a crime of the same kind, and again committed the instant crime, it is not good that the Defendant has committed the instant crime in light of the motive and attitude of the crime.

However, considering all of the sentencing conditions in the records and arguments of this case, such as the recognition of the defendant's mistake, reflects the fact that the defendant was committed, the victims did not want the punishment of the defendant by agreement with the victims of assault, and the detention of the defendant might entail excessive difficulty of the family members, etc., the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, motive and circumstances of the crime, circumstances after the crime, and changes in circumstances after the judgment of the court below, etc., the sentencing of the court below is conducted within the reasonable scope of discretion, and it is not recognized that the sentence of the court below against the defendant is unfair because the punishment of the defendant

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.