Therefore, since the judgment of the court below was separated and confirmed as it is, the dismissal of the public prosecution is excluded from the scope of the judgment of this court.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

3. The crime of this case was committed by the Defendant by compulsion of the victim, who is a juvenile, and the nature of the crime was poor, and is disadvantageous to the Defendant.

The circumstances favorable to the defendant include the fact that the defendant is realizing and opposing his mistake, the degree of tangible power exercised by the victim or the degree of indecent act is relatively minor, the defendant has no record of punishment for the same kind of crime, and the victim does not want punishment for the defendant under an agreement with the victim.

In full view of the above points and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various circumstances constituting the conditions for sentencing, including the circumstances after the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.

The prosecutor's assertion is without merit.

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.