The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. In determining the sentence against the Defendant, the lower court: (a) committed the instant crime even though the Defendant was under the suspension of execution; (b) committed the instant crime by the Defendant while taking account of the fact that the Defendant had been punished by a fine due to the fact that the Defendant had inflicted an injury on a female who was in school prior to the instant crime; and (c) took into account the fact that the Defendant had been punished by a fine due to the fact that the Defendant had inflicted an injury on the female who was in school prior to the instant crime; and (d) made a sentence by comprehensively taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, sexual behavior, career, home environment, motive for the instant crime, circumstances after the instant crime, etc., by taking account of the victim’s repayment of considerable damage to the repair cost and the victim expressed his intent not to punish

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances that can be seen as being unfair to maintain the sentencing of the court below in the trial. Thus, the court below's punishment cannot be deemed as unfair because it is too appropriate and too unhutiled.

The prosecutor's assertion is not accepted.

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.