2. The judgment of the accused is an unfavorable circumstance, such as the fact that the accused has been sentenced three times to a fine for an violent crime, the fact that the suspended sentence of imprisonment has been sentenced once, and the victim’s damage was recovered or not agreed with the victim.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, and that the crime of this case was not during the period of the above probation, and that the defendant's health condition is not good due to severe disabilities (class 1), is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.