The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The fact that the indictment has been suspended for the same offense is an unfavorable circumstance to the defendant.

On the other hand, the fact that there is no benefit from the crime of this case, the fact that there is a misunderstanding, the fact that there is no benefit from the crime of this case, and the fact that there is no record of criminal punishment in addition to the punishment of fines twice for this crime

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 4 million.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.