The prosecutor's appeal is dismissed.

1. The sentence (300,000 won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing 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). The lower court determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, means and consequence, the circumstances after the crime, mental health conditions, and the primary offender, as shown in the deliberation of the lower court and the party concerned, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, or to have been too unhued and unfair.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.