The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended execution in one year and six months of imprisonment, and forty hours of an order to attend a course) of the lower court is too unhued and unreasonable;

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime is limited to a victim who is a child under 13 years of age who lacks the ability to judge the sex, and sex offense against a child is a serious adverse effect on his/her mental and physical development by distorted the concept of sex of an unestablished child.

However, there are many circumstances favorable to the defendant, such as ① the victim has consistently and clearly stated that he/she was sexually related even after he/she was in a criminal case, and that his/her family does not actively express his/her wish to punish the defendant, ② the defendant confessions the crime of this case, and seriously reflects his/her mistake, ③ the defendant has no criminal history, ④ the defendant has considerable room for edification and improvement at the age of 19 years old.

In addition to these circumstances, comprehensively considering the various factors of sentencing as indicated in the instant records and pleadings, including the character and conduct, family relations, environment, background and method of the crime, and the circumstances before and after the crime, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too unfasible to the sentence of the lower court, in addition to the fact that there are no special changes in circumstances to change the sentence in the trial.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.