The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The sentence of the lower court (one year of suspended sentence for three years of imprisonment) shall be too minor.

2. Although the defendant is obligated to rear and protect his/her child properly, the fact that the defendant committed the crime of this case against his/her wheels against the victim under the age of 13 who is her father and her intellectual disability as her father and her father has a high level of criticism. Therefore, it cannot be denied that the defendant's criminal responsibility is strictly required, as alleged by the prosecutor.

However, as the defendant is the most important issue that supports the wife and the 6 South's age alone, three children, including the wife and the victim, including the wife and the victim, will be placed in the location where it is very difficult to maintain the livelihood of the house without the defendant.

In addition, the defendant seems to have been separated from his family for two months after the crime of this case, and the defendant's mistake in depth in the course of being investigated and tried not to commit such crime again.

In addition, according to the written reply to the request of the Director of the Daejeon District Probation Office prior to the judgment of the Director of the Daejeon District Court of Probation, it is confirmed that the victim's damage reduction against the defendant due to the crime of this case is not so big or considerable or considerable recovery, and that the trust relationship between the victim and the defendant is still maintained without the victim's abuse sign.

In addition, in the academic background of poor family environment and graduation from elementary schools, the defendant has been living relatively in good faith to the extent that there is no criminal power except for four times of fines related to traffic regulations so far.

Based on these circumstances, the age of the defendant and the victim, character and conduct of the defendant, environment, family relationship, relationship with the victim, the details and degree of the crime of this case, and the result after the crime is committed.