The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal: The sentence imposed by the lower court (five million won in penalty) against the Defendant, which was unfair in sentencing, is too uneasy and unreasonable.

2. In light of the fact that the Defendant committed the instant crime during the period of suspension of execution without being aware of the fact that he/she was sentenced to a suspended sentence of two years and six months due to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse in the Seosan Branch of the Daejeon District Court on December 1, 2016, which committed the instant crime, the Defendant should be held liable for a severe legal liability corresponding to the said act.

However, in consideration of the fact that all the defendants recognize the crime of this case, the defendant's agreement with the victim that the victim does not want the punishment against the defendant, and above all, the joint defendant A, who is the main agent of the crime of this case, was sentenced to a suspended sentence of imprisonment at the court below but did not appeal this, but the prosecutor did not appeal against the suspended sentence. However, if the judgment of the court below is reversed and the sentence is sentenced, it is difficult to change the sentence imposed by the court below more seriously.

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.