The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the sentencing conditions compared with 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). From such perspective, the lower court determined the Defendant’s punishment by comprehensively taking into account the following factors: (a) the sentencing of the lower court’s judgment is favorable to the circumstances that are favorable to the Defendant (i.e., the Defendant committed the instant crime without being aware of, during the period of repeated offense; (b) the Defendant committed the instant crime without being aware of, during the period of repeated offense; and (c) the victim’s failure to agree with, the victim wants to punish the Defendant).

In full view of the above sentencing grounds and the facts that the Defendant again committed property damage against the victim after the instant case, but the Defendant appears to have been subject to adequate punishment in the trial on the relevant case, and other various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, etc., the lower court’s sentencing was too unhued and so it exceeded the reasonable scope of discretion.

It does not appear.

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.