2. Although there was no agreement with the victim, it appears that the defendant was well aware of practical problem processing because the defendant's ability to judge as the disabled of class 2 with mental retardation disorder, the ability to deal with the situation, and expressed ability as the disabled of class 2 with mental retardation has been deteriorated. However, the defendant's disability seems to be the main cause of the crime of this case and some incorrect statements that were in the investigation process thereafter, ② the degree of indecent act of this case is not a serious letter, ② the defendant was immediately subject to the victim's claim at the time, ③ his mistake was recognized and against himself, ③ In particular, the defendant's leading intention is strong, ④ the primary offender with no criminal history, ⑤ The sentencing of the court below does not seem to be excessively minor beyond the scope of reasonable discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.