The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference from the appellate court’s opinion is different from that of the appellate court, and to refrain from imposing a sentence that does not differ from the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering that the prosecutor did not submit new materials on sentencing at the lower court’s trial, the reason for determining unfair sentencing alleged by the prosecutor was already considered in light of sufficient factors in determining the lower court’s age of the victim’s age.

Therefore, the prosecutor's assertion is without merit.

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.