2. Although the Defendant had been punished several times for the same kind of violent crime, the Defendant had no record of being punished for the same kind of crime before and after the lapse of 2009, and the degree of injury to the victim seems to be less and more contingent, in full view of the circumstances leading to the instant crime, circumstances after the commission of the crime, the Defendant’s age, sexual behavior, environment, etc., the prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.