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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, observation of protection, confiscation, and collection 1.630,00 won) is too unhued and unreasonable.
2. The fact that the Defendant did not have a large amount of philophones sold by the Defendant, that the Defendant denied a part of the crime at the investigative agency and attempted to destroy evidence is disadvantageous to the sentencing.
However, considering the Defendant’s age, sexual conduct, criminal records, motive and means of the crime, and the circumstances before and after the crime, the lower court’s punishment is too uneasy and unreasonable, in light of the following: (a) there is no history of punishment for the same crime; (b) there is only the history of punishment for a single-time fine; (c) the Defendant’s health status is not good due to luminous cancer; and (d) the Defendant’s failure to repeat a crime is against the Defendant, etc.
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.