The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, two years of surveillance of protection, and forty hours of instruction of compliance driving) is too uneased and unreasonable.

2. In light of the fact that the Defendant had been sentenced to a fine of the same kind on two occasions, but again led to the instant crime, it is necessary to punish the Defendant with strict punishment.

However, in full view of the following facts: (a) the Defendant’s mistake is seriously against the Defendant; (b) the previous convictions were more than ten years and there was no record of punishment exceeding the fine; and (c) other various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too uneasible and unreasonable; and therefore, the Prosecutor’s assertion

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 200Da3444, Apr. 1, 200).