The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (3 million won in penalty) is too uneasy and unreasonable.

2. On July 24, 2001, the Defendant: (a) committed the instant crime without being aware of the fact that he/she was subject to punishment four times or more, including the past that he/she was sentenced to a suspended sentence of two years in the Seoul Southern District Court on July 24, 2001; and (b) committed the instant crime; (c) although the Defendant’s mistake is contrary to his/her own mistake, the Defendant has no choice to suspect the authenticity in light of the Defendant’s criminal records, etc., which are disadvantageous to the Defendant.

However, there are some favorable circumstances for the Defendant, including the fact that the Defendant fully recognized each of the instant crimes, and the degree of the instant assault is not much severe, and in full view of the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime, and all of the sentencing conditions in the records and arguments, such as the circumstances before and after the instant crime, the sentence imposed by the lower court is somewhat inappropriate.

It is difficult to see it.

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.