The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. It is recognized that the Defendant committed the instant crime without being aware of the period of suspension of execution due to the instant crime, as well as the fact that the Defendant was sentenced to a fine and a suspended sentence for a total sum of times, and that he/she committed the instant crime without being aware of it due to the instant crime.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case, etc., the punishment of the court below is too unfasible and unfair, in light of the fact that the defendant led to the confession of the crime, and the degree of injury is not severe, the degree of injury is not excessive, the agreement with the victim, and other factors, such as the defendant's age, sexual conduct, environment, motive, means

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 2009Da14449, Apr. 1, 200). However, since it is obvious that the “satise salt in the satise of the satise of the satise” in the judgment of the court below is a misunderstanding