2. The Defendant’s act of committing the instant crime appears to have suffered a considerable sense of sexual humiliation and fladation, and the fact that no agreement has been reached with the victim is disadvantageous to the Defendant.

However, comprehensively taking account of the fact that a crime is recognized and is against the law, the fact that a person commits a crime under the conditions of mental and physical weakness caused by mental illness, equity in sentencing with similar cases that are favorable to the first offender, and other various sentencing conditions, such as Defendant’s age, sexual conduct, environment, motive, means and consequence of a crime, etc., it is difficult to view that the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.