The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the suspended sentence and fine of KRW 500,000) is deemed to be too unhued and unreasonable.

2. First of all, the prosecutor argues to the effect that the defendant's act was completely denied and did not meet the requirements of suspension of sentence because he argued to the effect that he did not meet the requirements of suspension of sentence. Thus, the phrase "when the circumstances prior to the opening of suspension of sentence" refers to the case where the defendant would not be subject to punishment even if he did not sentence in comprehensive consideration of the conditions of sentencing under Article 51 of the Criminal Act, including the degree of reflectability, and the situation where the defendant would not be subject to punishment again. In other words, the phrase "when the circumstances prior to the opening of the sentence" refers to the case where the defendant is clearly divided into the depth of the crime. It does not mean that the suspension of sentence may not be always interpreted if the defendant denies the crime without confessioning the criminal facts. Further, it is interpreted that Article 51 of the Criminal Act and the conditions prior to the opening of the sentence belong to the court's discretion on the determination of sentence (see Supreme Court Decision 201Do6138, Feb. 20, 2003).

B. The degree of the instant crime is relatively serious

In full view of the fact that it is difficult to see the Defendant’s primary offender who has no record of criminal punishment, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s unreasonable assertion of sentencing cannot be 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 prosecutor's appeal is without merit. It is so decided as per Disposition.