Judgment

Although there is no recovery of damage and others at a disadvantage to the defendant, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and the fact that there has been no record of criminal punishment so far, as well as the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, occupation, family relationship, etc., the punishment imposed by the court below is too uneasy and unfair.

Therefore, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below on the ground that the prosecutor’s appeal is without merit. However, since it is evident that the “application of the law” of the court below was omitted in the application of the law, it is obvious that the legal mitigation was omitted, under Article 25 of the Regulation on Criminal Procedure, “1. Legal mitigation” was made ex officio under Article 25 of the Regulation on Criminal Procedure 1, and “Article 32(2) and Article 55(1)3 of the Criminal Act,” respectively, shall be corrected as follows.