The prosecutor's appeal is dismissed.

1. The summary of the prosecutor’s appeal grounds (e.g., the form of punishment) is unreasonable in light of the following: (a) the Defendant was sentenced to imprisonment for three months with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at Suwon District Court on December 7, 2009; (b) the Defendant was sentenced to imprisonment with labor for three months; and (c) the suspended execution for two years; (d) the nature of the instant crime is poor; and (e) the damage recovery was not made; and (e) the lower court’s sentence that sentenced to

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable, even considering all the circumstances alleged in the grounds of appeal, given the following factors: (a) the Defendant’s misjudgments the mistake; (b) the disabled in class 3 of developmental disorder; (c) the degree of damage is relatively minor; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; and (c) the character and conduct of the Defendant as well as the environment, etc., which are conditions for sentencing, are considered as being considered

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