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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal that the court below rendered against the defendant is improper because the punishment (3 million won in penalty) imposed on the defendant is too uneasible.
Judgment
Although there are circumstances unfavorable to the defendant, such as the fact that the defendant has been subject to punishment several times as violent crimes, the punishment imposed by the court below is too unreasonable, considering the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the age of the defendant, sexual conduct, environment, occupation, family relation, etc., such as the fact that the defendant is recognized as committing the crime of this case, and the victim does not want the punishment against the defendant after receiving the repair expense, and other circumstances that are favorable to the defendant.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.