The prosecutor's appeal is dismissed.

1. The sentence of the lower court (five million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. Considering the fact that the accused again committed the instant crime even though he/she had the record of having been sentenced to a fine several times due to the same crime, it should be punished strictly.

However, considering the following factors: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the crime; (b) the degree of assault is not heavy; and (c) the sentencing conditions indicated in the instant records and pleadings, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

3. Accordingly, 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.