2. In full view of the period, mode, and scale of damage of the instant crime, strict punishment against the Defendant is required when considering the fact that the Defendant did not agree with the victim.

However, in full view of the fact that the Defendant was committed in the instant case and divided, that the Defendant did not have any profit gained by the Defendant, that there was no record of criminal punishment, and that there was no other record of criminal punishment, and that all the sentencing circumstances in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the offense, means and consequence, etc., the lower court’s sentencing is too low and thus unfair.

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 appeal is without merit. It is so decided as per Disposition.