2. Determination

A. The crime of this case is recognized in light of the following: (a) the assault was committed against a male victim who embards her butane and her sexual part, and commits an indecent act and her sexual part; and (b) the crime is not good; and (c) the victim was shot and her sexual part, and (d) it appears that the victim was shot.

B. However, in full view of the following circumstances: (a) the Defendant was a primary offender who had no record of criminal punishment; (b) the Defendant was committed during the commission of the instant crime; (c) appears to have reached the instant crime by contingently; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all other circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the

C. Therefore, prosecutor's assertion is without merit.

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.