2. In full view of the following: (a) the fact that the victim was punished and the indictment of which was suspended due to the same kind of crime is only one time; (b) the confession and reflect of the instant crime; (c) there is no record of criminal punishment; (d) the degree of contingent and indecent act is relatively heavy; (e) the instant crime is in physical disability 2; and other various sentencing conditions in the records and arguments, including the Defendant’s age, family environment, and circumstances before and after the instant crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.