The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, and three years of suspended execution) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have committed an indecent act by force on the part of the victim of 7 years of age, who was a father of D, who had been aware of his reputation, under the clothes of D, one time, and the liability for the crime of this case is very heavy. The victim appears to have received a considerable sense of sexual humiliation and mental impulse due to the crime of this case, etc., which is disadvantageous to the defendant.

On the other hand, the defendant has no record of criminal punishment exceeding the same criminal power or fine, the degree of indecent act against the victim is relatively minor, the recognition of the crime and the depth of his mistake is divided, and the victim and the victim do not want the punishment of the defendant.

In a case where the degree of indecent act is weak in the special mitigation area (1 year and three months to five years) of types of sexual crimes (1 year and three years of indecent act) under the age of 13 in accordance with the general standards of sentencing guidelines set forth in the argument in the instant case, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee (2 years to five years of imprisonment) (the scope of recommending punishment) under the age of 13, in full view of the following circumstances and other circumstances, the scope of the recommended sentence amended according to the lower limit of the applicable sentences under the law in which the punishment is not in force: 2 years and six years of imprisonment and five years of suspension of execution; it is not determined that the sentence of the court below

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 as it is without merit. It is so decided as per Disposition.