The prosecutor's appeal is dismissed.

1. The judgment of the court below on the gist of the grounds of appeal (2.5 million won in penalty) is unreasonable because it is too unhued.

2. The fact that the defendant had been punished two times for the same crime in the judgment of the court below is disadvantageous to the defendant after the crime of this case, or that the defendant reflects the defendant's depth, does not repeat the crime of this case, and the defendant's wife has made efforts to prevent recidivism. The defendant committed the crime of this case under the condition of mental and physical weakness due to physical disorder, and other matters concerning the defendant's age, sexual behavior, environment, circumstances and motive leading to the crime of this case, and other records and changes in the records of this case, it cannot be deemed unfair since the sentence of the court below is too uneasible. Thus, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant committed the following crimes under the condition that the Defendant lacks the ability to discern things or make decisions due to polar disorder.

Since it is apparent that an error has been omitted, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.