2. Although there are conditions unfavorable to the defendant, such as the fact that the defendant was punished for the same or a different kind of crime several times, the defendant's mistake and reflects against himself, and that the defendant agreed with the victim in the original trial, etc. are favorable to the defendant, as well as other various circumstances, such as the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the sentence imposed by the court below is too uneasible and unfair.

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.