The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfluent in the form of punishment (4 million won in penalty) declared by the court below.

2. The lower court, based on the favorable circumstances, sentenced the above punishment by taking account of the following: (a) the Defendant committed the instant crime during the period of suspension of execution despite multiple criminal records; (b) the Defendant consistently led the instant crime from the investigative agency to the fact that he/she was unable to receive a letter from the injured; (c) the Defendant is consistently led to a confession and seriously against the instant crime; (d) the degree of damage is not serious; and (e) the Defendant appears to have faithfully performed alcohol treatment lectures and community service after the instant crime.

In full view of all the sentencing conditions, other than the circumstances considered by the lower court, including the Defendant’s age, sexual conduct, environment, health, and background leading to the commission of the offense, means and result, scale of the offense, and circumstances after the offense, the sentence imposed by the lower court appears to be reasonable, and the lower court’s judgment exceeded the reasonable bounds of its discretion, although it appears that the lower court’s sentencing exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.