The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal by the prosecutor is that the penalty (three million won of fine) declared by the court below is too unfasible and unreasonable.

2. Determination as follows: (a) one month has not passed since the Defendant’s imprisonment with labor for the same kind of crime became final and conclusive for two-year suspended sentence of imprisonment with labor for six months; and (b) thus, leading to the instant crime is disadvantageous to the Defendant.

However, at the time of committing the instant crime, it seems that the Defendant is still 19 years of age and has a high possibility of edification and treatment. The above suspended sentence was imposed and was yet to start the sexual assault treatment lecture; the relationship with the Defendant and his family members and the Defendant’s family members were strong, and in fact, it appears that the Defendant was making efforts to receive counseling treatment with his family members after the judgment of the court below was rendered; the exercise of physical power is not accompanied by the Defendant’s exercise of physical power; the Defendant’s character, character, environment, health conditions, motive and means of the instant crime; and the motive and means of the instant crime; and the circumstances after the crime were committed, it is not determined to be improper to the extent that the sentence imposed by the court

The prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.