The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (exemption from punishment) by the lower court is unreasonable as it is excessively unhutiled.

2. The fact that the defendant committed the instant crime even though he/she had been punished several times for the same crime, and did not reach an agreement with the victim, and did not repay the damage, etc. is disadvantageous to the defendant.

However, the defendant did not commit a crime against the defendant's mistake in depth and again.

In full view of the following facts: (a) the degree of damage to the instant crime is relatively minor; (b) the relationship between the final judgment and the latter part of Article 37 of the Criminal Act in which the instant crime is concurrent crimes; and (c) the equity in the case where the judgment is to be rendered concurrently with the case; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, it cannot be said that the lower court’s exemption of punishment against the Defendant cannot be deemed 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 appeal is without merit. It is so decided as per Disposition.