The prosecutor's appeal is dismissed.

1. Taking into account the following circumstances: (a) the Defendant, who had the record of criminal punishment of each fine due to the same offense as the instant case, and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed the instant crime of the same type at the same time, thereby sustaining the risk of recommitting a crime; and (b) the nature of the crime is very poor in light of the content of the crime, the sentence of the lower court (five million won of a fine) is too unreasonable.

2. In light of the judgment, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its reasoning. The circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently considered when determining the punishment in the court below. The defendant is already aware of the fact of the crime in this case, and the defendant is in depth divided into the facts of the crime in this case, and the victim is not subject to punishment against the defendant by unanimous agreement with the victim, and other factors of sentencing in this case including the defendant's age, character, conduct, environment, background, means and consequence of the crime, etc. are considered, the sentencing judgment of the court below cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafford.

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