The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence of six months, community service order80 hours, and order to attend a course to prevent recidivism of sexual crimes) imposed by the lower court is too unfasible and unreasonable.

2. The determination is based on the following: (a) the Defendant had a record of having been punished by a fine by committing a crime of the same kind in 2004; and (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant was disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include: (a) the fact that the defendant has made confession from the beginning to reflect the crime of this case; (b) the degree of the prosecution is not serious; and (c) the fact that the defendant appears to have committed a contingent crime.

The lower court seems to have sentenced the Defendant to the punishment by taking into account the aforementioned favorable circumstances and unfavorable circumstances for the Defendant.

When comprehensively taking into account the motive, background, result, the circumstances after the crime, the defendant's age, sexual conduct, records of punishment, etc. in the trial of the political party, as well as the matters on which the sentencing conditions have been attached, statutory penalty, sentencing guidelines, etc., the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.