2. The judgment is an unfavorable circumstance, where the defendant has been punished several times due to the same kind of crime and the crime of different types of crime (i.e., punishment, suspension of execution, and punishment); and where the victim failed to agree with the victim and the victim want to be punished by the defendant.

However, it is advantageous to the fact that the defendant recognized the crime of this case and opposed to it, and that the degree of violence is relatively not much serious.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.