2. In light of the fact that the Defendant, as an instructor, committed an indecent act against the victim under the age of 10 who was committed by himself, and the nature of the crime is not good, the Defendant appears to have known of considerable mental suffering and pain, etc. due to the instant crime, and the Defendant did not receive a letter from the injured party or did not reach an agreement, strict punishment against the Defendant is necessary.

However, considering the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence, circumstances after the crime, the victim’s relationship, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s punishment is too unjustifiable even if considering all the circumstances asserted by the Prosecutor, and thus, is not deemed unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.