The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have the ability to discern things or make decisions at the time of committing the instant crime.

B. The sentence that is unfair in sentencing (one year of suspension of sentence, observation of protection, and treatment order) of the lower court is too unhutiled and unfair.

2. Determination

A. The lower court, based on the evidence duly adopted and examined, found that the Defendant had weak ability to discern things or make decisions due to the polar disorder, etc.

The judgment was rendered.

Examining the records of this case closely with the records of this case, the judgment of the court below is just and acceptable, and there are errors in the misapprehension of legal principles as alleged by the prosecutor in the judgment below.

subsection (b) of this section.

We do not accept the prosecutor's assertion of law.

B. In comparison with the lower court’s judgment on the unfair argument of sentencing, there is no change in the conditions of sentencing at the trial, and the lower court’s sentencing exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.