The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, observation of protection, and community service order for 80 hours in prison for six months) is unfair because it is too unfasible (a prosecutor stated his opinion that the Defendant shall be punished by imprisonment with labor for ten months). 2. Determination on February, 2014, although the Defendant had a record of punishment for fraud in light of the name of another person, it is somewhat different from the instant crime, method, damage, etc. since the Defendant opened the cell phone in the name of another person and acquired it by fraud.

In addition, the defendant is not subject to criminal punishment exceeding the previous fine, and is against all of the crimes of this case.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

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.