The prosecutor's appeal is dismissed.

The gist of the prosecutor's appeal (unfair sentencing) is that each of the crimes of this case committed in this case is not sufficient to commit an obscene act by exposing sexual organ at a restaurant where the defendant had been provided with food, etc. repeatedly in spite of his/her intent and ability to pay the price, and it is not good that the crime was committed by openly exposing sexual organ at the restaurant where the defendant had been provided with food, etc., and committed fraud even though the public prosecution was instituted and tried, the crime was committed. In light of the above, the sentence of the court below, which sentenced the suspension of execution 2 years and the observation of protection, the community service order for 80 hours, the order to attend the alcohol treatment program and the order to attend the

Judgment

In full view of the facts alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake, the amount of fraud is relatively large, and the crime of obscenity in this case is deemed to have been committed contingently, the fact that there is no record of criminal punishment for the same kind of crime, and other conditions of all the sentencing as shown in the records and arguments of this case, including the Defendant’s age, sexual conduct, environment, motive and circumstance after the crime, etc., even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and it is not deemed unfair, and therefore the above assertion

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.