The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (eight million won in penalty) imposed by the court below is too unfased.

2. The instant crime is deemed to have been inhaled by the Defendant, who is a hallucinogenic substance, and the Defendant, even though he had been punished three times for the same crime, went to the instant crime, and it is recognized that the nature of the crime is not good, and is under the suspension of execution due to the instant crime.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime; (b) the Defendant did not go against the Defendant’s act that is socially dangerous after inhaled; (c) there is no history of punishment exceeding the suspension of execution; and (d) other various circumstances, such as the Defendant’s age, sexual conduct; (b) the motive, means, and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unb

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.