The prosecutor's appeal is dismissed.

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (one year of imprisonment with prison labor for three years and four years of suspended execution, etc.) shall be deemed too unhued and unfair;

2. The Defendant recognized an unfavorable sentencing factor, such as the fact that the nature of the offense was extremely poor and the victim suffered from mental or physical pain, by reason of the fact that he/she committed sexual intercourse with the victim under the influence of alcohol after going through the telecom.

However, it is also recognized that there is a favorable sentencing factor such as the fact that the defendant shows an attitude against the defendant as he recognizes the crime of this case, that the victim does not want the punishment of the defendant by agreement with the victim, that there has been no history of punishment so far, and that it is necessary to consider the future as university students over the side.

In full view of the aforementioned factors of sentencing, Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the crime, etc., the sentence sentenced by the first instance court is deemed appropriate, and it is deemed unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

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.