The prosecutor's appeal is dismissed.

1. The sentencing of the court below is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant when considering the fact that the Defendant committed an indecent act by force against the minor victim under the age of 13 and the nature of the relevant crime is not good.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unjustifiable, and thus, cannot be deemed unreasonable. Thus, the Prosecutor’s aforementioned assertion is without merit, since it is not reasonable to deem that the Defendant’s punishment is too unreasonable, in light of the following: (a) the Defendant’s mistake is divided; (b) the Defendant has no same criminal record; (c) the Defendant was sentenced to probation and attendance order along with the stay of execution of imprisonment; and (d) there is no change in the conditions of sentencing compared to the lower court’s judgment;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.