2. The instant crime is deemed to have committed an indecent act by the victim’s chest parts that the Defendant was divingd on the bus side, and the nature of the relevant crime is not good, and considering the fact that the victim could have suffered a considerable sense of sexual humiliation, the Defendant’s criminal liability is not somewhat against the victim.

However, the defendant is the first offender who has no criminal history, and is the first generation of the society of 23 years of age.

The Defendant, from an investigative agency to this court, has been aware of his mistake and reflected on his depth, and received consolation money from the injured party by the mutual consent, by paying consolation money to the injured party for the first time.

In full view of such circumstances as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., and the sentencing conditions as shown in the instant records and arguments, even if the Defendant was not sentenced to punishment, it is deemed that the Defendant would not be subject to punishment again. As such, it cannot be deemed that the sentence imposed by the lower court is too unfortunate and unfair.

Therefore, prosecutor's assertion is not accepted.

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