2. Although the Defendant committed the instant crime without being aware of the fact that he committed the instant crime during the period of probation due to the instant crime, there are unfavorable circumstances against the Defendant, considering the motive and background leading up to the instant crime, the means and method of committing the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc., including the circumstances favorable to the Defendant, such as the fact that the Defendant was committed during the period of probation, and that the Defendant was committed against himself, and that there was an agreement with the victim, and other circumstances that are conditions for sentencing as shown in the pleadings, it cannot be said that the sentence imposed by the lower

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.