2. The lower court sentenced the above punishment by taking into account favorable circumstances, such as the Defendant’s violation of the Defendant’s consent while committing the instant crime, the first offender, etc.

Even when taking into account the unfavorable circumstances that the Defendant’s nature of the crime is not negligible, considering the following factors: (a) the transfer act of this case was only once more severe; (b) the Defendant’s favorable circumstances, such as the Defendant’s primary offender, and all other sentencing conditions, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence; and (c) the scale of the crime and the circumstances after the commission of the crime, it cannot be deemed that the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion or is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s allegation above is without merit.

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.