The prosecutor's appeal is dismissed.

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) that the defendant did not reflect the wrongs, the crime of this case was committed during the period of probation, and the fact that there are many records of criminal punishment due to violent crimes, etc., the sentence of the court below that sentenced to a fine of KRW 2,00,000 is too uneasible and unfair.

2. Determination of the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on May 18, 2016, and the judgment becomes final and conclusive on August 27, 2016. The crime of this case and the crime of this case for which the judgment became final and conclusive on August 27, 2016 should take into account the equality with the case of concurrent crimes after Article 37 of the Criminal Act, the victim expressed his/her intent not to have the Defendant punished at the same time, and other conditions of all sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sexual behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds for appeal, the lower court’s punishment is too unjustifiable and thus, is not deemed unfair. Therefore, the aforementioned assertion is without merit

3. The appeal by the prosecutor of the 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.