In this case, it is recognized that the defendant expressed his desire to a police officer in the process of performing official duties and insulting the police officer, which is not good to the nature of the crime, and that the defendant has a criminal record of the same kind.

However, in full view of various sentencing conditions shown in the argument of this case, including the Defendant’s age, sexual conduct, and the process and result of the instant crime, the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.