2. The Defendant’s crime of this case is an unfavorable circumstance for the following reasons: (a) the Defendant, who is a middle student of 14 years old age in an apartment that is not his residence at the late time; (b) the victim’s hand away from the elevator; and (c) the victim’s hand away from the elevator and did not feel considerable shock and fear; (d) the victim and his family were punished; and (e) the Defendant had been sentenced to a fine for the same kind of indecent act by force once in the past; and (e) the Defendant had been sentenced to a fine for the same kind of indecent act by force.

On the other hand, the fact that the defendant recognized the crime of this case, the defendant's indecent act cannot be evaluated as being more serious because it was committed by putting the defendant a shoulder or knife his losses, the drinking of the defendant cannot be considered in the sentencing, but in contingency, the fact that the defendant committed the crime of this case, that the defendant deposited a certain amount for the victim, that the defendant did not have any criminal record other than the above fine, and that he was living in good faith as a company member, etc. are favorable to the defendant.

Considering the above circumstances in light of the Defendant’s age, character and conduct, family environment, etc., the lower court’s punishment, including orders to complete the program, is deemed to be too uneasible and unfair, and 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 as it is without merit. It is so decided as per Disposition.