The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the judgment defendant has been subject to a fine and a suspended sentence on several occasions for violent crimes.

However, considering the following factors: (a) the Defendant led to the confession of the crime, and his mistake is divided; (b) the part and degree of the injury are not heavy; (c) the Defendant agreed with the victim; and (d) the Defendant’s age, sexual conduct, environment; and the motive, means, and consequence of the instant crime; and (c) all of the sentencing conditions specified in the pleadings in the instant case, such as the circumstances after the crime, the sentence of the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)