2. The instant crime is an indecent act committed against the victim, who is walking on the way of the Defendant at a low level, such as causing sexual humiliation and insult, etc., and the nature of the instant crime or the crime is not weak, and there is a need for a strict punishment for the Defendant as it does not recover from damage even if the victim was physically shocked due to the instant crime.

However, in full view of the following facts: (a) the Defendant has no same criminal history; (b) the indecent act itself in the exercise of the instant tangible force is not serious; and (c) the motive and background leading up to the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and conduct, environment, etc. and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair

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