The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence against the Defendant (one month of imprisonment, one year of suspended execution, and 40 hours of a child abuse treatment program) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted at the trial, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged as grounds for sentencing have already been sufficiently reflected in the sentencing grounds of the lower court. In full view of all other circumstances that are the conditions of sentencing specified in the instant records and arguments, including the Defendant’s age, sexual behavior, relationship with the victim, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is too uncompared and thus, it is not deemed unfair to have exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 71(1)2 of the Child Uniforms and Child Uniforms Act, which is a law applicable to each crime in the judgment of the court below, was amended by Act No. 14925 on October 24, 2017, and the statutory penalty was raised, and the said Act was enforced on April 25, 2018.

Therefore, in accordance with Article 25(1) of the Rules on Criminal Procedure, “the pertinent Article of the Act and the choice of punishment for the crime of 1.1” in the application of the judgment of the court below to the defendant ex officio shall be corrected to Article 71(1)2 of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017).