The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (alongly unfair assertion) of the lower court’s punishment (a fine of KRW 25 million) is too unhued and unreasonable.

2. Determination

A. There are many extenuating circumstances against the Defendant.

① The Defendant used only 14 years of age as the subject of the crime; ② the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor for the instant crime; ③ the Defendant was suffering from a considerable mental suffering, such as harming the victim to the extent that the victim could not link the horses immediately after the instant crime; ④ the Defendant’s act brings about the general citizen’s apprehension about public transportation to be flat and safe; ⑤ in terms of the content of the instant crime and the method of the instant crime.

B. Even if the above circumstances are fully considered to be disadvantageous to the Defendant, it is difficult to recognize that the lower court’s punishment is too unjustifiable.

① At the lower court, the Defendant paid a certain amount of agreement on the part of the victim, and the victim also expressed his/her intent that he/she is not punished against the Defendant.

② The Defendant appears to have committed the instant crime on a one-time basis, and there is no circumstance to deem that the Defendant has sexual crime tendency or recidivism risk.

③ The Defendant acknowledges all the facts charged in the instant case, and repents wrong facts.

(4) No defendant shall be subject to criminal punishment for the same crime.

In addition to the above circumstances, in light of all the sentencing conditions shown in the arguments of this case, including the defendant's age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence, and circumstances after the crime.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The judgment below

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1500, Mar. 13, 2018).