2. Even though the Defendant had already been punished for the same kind of crime, there are unfavorable circumstances, such as the fact that the Defendant committed the instant crime.

However, in full view of the following: (a) the Defendant’s mistake is heavily against the Defendant; (b) the degree of damage to the instant crime is relatively minor; (c) the Defendant did not punish the Defendant by mutual consent with the victim; (d) the instant crime is in a concurrent relationship between the final judgment rendered in the lower judgment and the latter part of Article 37 of the Criminal Act; and (e) the equity with the case to be judged at the same time; and and (e) all the sentencing conditions in the records and arguments, including the Defendant’s age, sexual behavior, environment, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence

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.