The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the sentencing conditions compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From such perspective, the lower court, in full view of the following factors: (a) the sentencing of the lower court was determined against the Defendant in consideration of the circumstances favorable to the circumstances (such as the fact that the Defendant committed the instant crime during the period of suspension of execution due to the same crime, and the distance of driving is relatively short) that are favorable to the circumstances unfavorable to the Defendant, such as the fact that the sentencing of the lower court was determined; and (b) there is no special change in circumstances that could change the sentence of the lower

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court exceeded the reasonable scope of discretion, and thus, exceeded the reasonable scope of discretion.

It does not appear.

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.