It is recognized that the Defendant again committed the instant crime without being aware of the fact that he/she was under probation, even though he/she was sentenced to three years of probation on November 20, 2014 due to interference with the execution of official duties, etc. on the 28th day of the same month.

However, in full view of the following factors: (a) the Defendant led to the confession of all of the crimes in this case; (b) the Defendant was punished as a obstruction of the performance of official duties by the Defendant was only one time before the suspension of execution; and (c) the degree of the assault in this case was relatively heavy; and (d) other factors of sentencing as indicated in the pleadings in this case, including the Defendant’s age, sexual conduct, environment, and the process and consequence of the instant crime; and (c) the circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

Therefore, 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.