The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case was committed by openly obscenity, such as taking his sexual organ by hand and shaking his sexual organ over two occasions, and the victim under the age of 16 seems to have suffered a considerable mental impulse and sexual humiliation by committing the crime of this case, and did not make efforts to recover the damage by agreement with the victim of this case or by not making efforts to recover the damage.

However, the circumstances favorable to the above defendant are that the defendant led to the confession of the crime of this case and is against the above defendant, there is no record of punishment for the same crime, and there is no record of criminal punishment except once the fine of this kind is imposed.

In full view of the above unfavorable circumstances and favorable circumstances, and all the sentencing conditions as shown in the records and trial process of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unfasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.