The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the Defendant is an unfavorable circumstance that there was three times of punishment, such as transfer of juvenile protection cases, disposition of suspension of indictment, disposition of suspension of indictment, fine, etc., and that it did not agree with the victims up to the trial of the case. The crime of this case is not good in light of its details and the applicable law.

On the other hand, it is more favorable for the following reasons: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there is no history of punishment exceeding the fine imposed on the Defendant; (c) the father of the Defendant wants to educate the Defendant; and (d) the Defendant suffers from mental illness such as depression, etc.; and (c) such circumstance appears to have affected the instant crime.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as shown in the pleadings of the instant case, it cannot be deemed unfair because the lower court’s sentence was too unfasible and unfair. Therefore, the Prosecutor’s allegation above is without merit.

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.