2. In light of the circumstances, contents, etc. of the crime of this case, the fact that the crime of this case was poor, the fact that the victim seems to suffer a considerable mental suffering due to the crime of this case, etc., on the other hand, the defendant led to confession and reflect against the crime of this case, the fact that the victim agreed smoothly with the victim, the crime of this case is deemed to have committed contingently under the influence of alcohol, and the victim immediately after the crime was committed, there was no record of criminal punishment except for fines exceeding 700,000 won due to the violation of the Punishment of Violences, etc. Act, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, happiness, family environment, and conditions before and after the crime, it cannot be deemed that the sentence of the court below against the defendant

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.