The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the defendant's punishment (five million won in penalty) declared by the court below.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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). In such a case, as no new data on sentencing have been submitted at the appellate court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and in full view of the various circumstances that form the conditions of sentencing, including the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, it is not deemed that the lower court’s sentencing is too unfilled and so it does not deviate from the reasonable scope of discretion.

Therefore, prosecutor's assertion is not accepted.

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.