Judgment

In light of the fact that the instant crime committed an indecent act against the eight-year-old victim, and the victim appears to have suffered a lot of mental impulses, and the damage recovery has not been achieved, the liability for the instant crime is not weak.

However, in full view of the following circumstances: (a) the Defendant appears to have committed the instant crime contingently; (b) the degree of the commission of the instant crime is insignificant to the extent that the victim’s hand is able to see and write his hair; (c) the Defendant has no criminal history of the same kind or any criminal record of the suspension of execution; and (d) there is no special change in circumstances after the sentence of the lower judgment was rendered; and (c) other circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the instant crime; and (d) the circumstances after the crime

Therefore, the prosecutor's assertion is not accepted.

In conclusion, 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.