The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, two years of probation, and forty hours of community service order) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance where the Defendant was sentenced to a fine of KRW 2 million due to a crime of assault in 2014, and there was a record of 16 times or punishment for the same kind of violent crime.

On the other hand, the fact that the defendant committed the crime of this case from the investigative agency to the trial of the party is showing the attitude that the defendant committed the crime of this case in a net order and repented his mistake in depth, the defendant did not have been sentenced to a punishment exceeding the fine for the same kind of crime, and the damaged person by agreement with the victim is taking the preference against the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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.