The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence (4 million won in penalty) declared by the court below against the defendant.

2. It is also necessary to strictly punish the Defendant in light of the fact that the Defendant unilaterally assaults the victim for reasons that he/she could not easily understand, even though he/she was subject to criminal punishment several times for the same crime, and that the nature of the instant crime and the circumstances of the crime are poor.

However, considering the following factors: (a) the Defendant appears to have the attitude of reflecting the recognition of the instant crime; (b) the Defendant has no record of criminal punishment of suspension of qualification or heavier punishment for the same crime; (c) the Defendant has agreed with the victim smoothly; and (d) the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime; and (e) all of the sentencing conditions indicated in the records and arguments, such as the circumstances before and after the instant crime, etc., the Defendant’s sentence imposed by the lower court is too uneasible and thus, it is not 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.