The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the sentence imposed by the court below (for four months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unfasible and unfair.

2. Determination is based on the degree of injury inflicted on the victim due to the instant crime, the fact that there are many criminal records of violent crime, and the fact that the victim did not receive a letter of suspicion is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant’s recognition of the instant crime and reflects the fact that the same type of crime was committed; (b) taking into account the favorable circumstances in which the Defendant was punished by a fine; and (c) taking into account the Defendant’s age, sexual conduct, environment, family and support relationship; (d) background leading up to the instant crime; (b) the means and consequence; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is appropriate; and (c)

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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.