The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (such as a fine of 15 million won, etc.) is unreasonable because it is too unhued.

2. The crime of this case is a case in which the defendant committed an indecent act on the body of the victim, who is a female child, who is merely 12 years of age, and the mother of the victim committed an indecent act on the part of the victim's mother at the site where the victim's mother is in the same place, and the crime is not easy to be punished, and the victim's age appears to have suffered a large number of mental shocks. Nevertheless, there is no fact that the victim's chest up to the trial does not reach the trial.

Unfavorable sentencing factors or objective and neutral sentencing factors are recognized, such as the lack of reflective color presented in sentencing guidelines, such as consistent with the awareness that the victim who has launched or has been aware that he/she had access to the male baby, etc.

However, according to the facts that the crime of this case against the victim was committed only once, and the method and degree of indecent act is not excessive, and evidence and materials that were present at the pleading, it appears that the defendant did not have committed the crime of this case by making the victim sexual exploitation or sexual exploitation, it appears that the victim does not want punishment against the defendant, and that the victim does not want punishment against the defendant by mutual consent with the victim, it is recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence that the court below selected and sentenced to a fine shall not be deemed to be less vulnerable to the extent that it should be reversed.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered as per Disposition.