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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.
2. The judgment of the court below is acknowledged that the crime of this case committed by the defendant intrudes into a restaurant used by the injured person as a residence and thus the crime of this case was not good, and the defendant was sent to the Juvenile Department due to the crime of intrusion upon residence.
However, in full view of the various sentencing factors indicated in the pleadings of this case, such as the Defendant’s confession of all of the crimes of this case and reflects his mistake, the fact that the Defendant agreed with the victim, the fact that there was no record of criminal punishment, and the fact that there was no other force of criminal punishment, the Defendant’s age, sexual conduct, environment, the process and consequence of the crime of this case, etc., the Prosecutor’s assertion is unreasonable since the lower court’s punishment is too un
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.