The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime even though he/she was sentenced to a suspended sentence due to a crime of violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) in 2019, even though he/she was under the suspended sentence, and even if he/she was under the suspended sentence, the commission of the instant crime, the circumstances before and after the instant crime, and the circumstances leading to the injury, etc. are disadvantageous circumstances.

On the other hand, it is difficult to see that the criminal defendant was subject to criminal punishment in many ways, and it is difficult to see that the crime of this case was due to the formation of the organization of the criminal records prior to the above suspension of execution, the victim was not punished by agreement with the victim at the court below, and it appears that the defendant was against the victim, such as submission of objections at the trial of the party and prevention of recidivism.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.