In light of the contents and degree of the crime, there is little possibility to criticize the defendant's act.

In addition, a cleaning agent cannot be seen as well, and the fact that the crime of this case was considered to have led the victim with difficult mental condition is disadvantageous to the defendant.

However, as shown in the reasons for sentencing, there are circumstances that the court below should consider not only the defendant agreed with the victim, but also the victim's application for a written punishment stating the victim's intention not to punish in the court below, and then submit it again to the court below.

In addition, the defendant is going to live in the future, and the social ties of the defendant and the fact that the defendant can support his efforts by relatively solid, is also favorable to the defendant.

In addition, when examining the conditions of sentencing as shown in the records, the sentencing of the court below is beyond the scope of discretion, and it is not recognized that it is unfair to exempt the reversal from the scope of discretion.

The prosecutor's appeal is dismissed.