The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with labor and two years and six months) that the court below rendered is too unhued and unreasonable.

2. Determination

A. Determination on the assertion of unfair sentencing is that ① the crime of this case is committed by the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") who committed a indecent act against a female under seven years of age, and the nature of the crime is not weak in light of the object of the crime, etc.; ② the age victim appears to have suffered considerable mental impulse due to the criminal act of the defendant, but the defendant still failed to recover appropriate damage on the part of the victim; ③ the defendant was sentenced to two years of imprisonment with prison labor due to the criminal act committed by indecent act against a female under eight years of age at the Incheon District Court on June 26, 2008; ④ the defendant committed the crime of this case without being aware of the fact that the defendant was committed in the period of repeated crime; ⑤ the defendant was punished against the defendant on the part of the victim.

On the other hand, the fact relevance of the instant crime is generally recognized and reflected by the Defendant, and ② the instant crime is committed in favor of the Defendant, i.e., using the chest and the bridge side on the part of the victim’s clothes, and falls under the case where an indecent act is not serious but the exercise of force is weak.

In addition, various sentencing conditions, such as Defendant’s age, character and conduct, environment, circumstances after committing the crime, and circumstances after committing the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court [decision of type], general standards, and type 3 of the sex offense subject to the age of 13 (specially decent act): Where the degree of indecent act is weak [the scope of recommending punishment] (the scope of recommending punishment): In full view of the following factors: (a) the lower court’s sentence imposing imprisonment for a period of 2 years and 6 months within the scope of the recommended sentence is so unreasonable.