The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Considering the background of the instant crime, circumstances thereafter, etc., it cannot be deemed that the Defendant was in a state of mental disability at the time.

B. Considering the gravity of the instant crime claiming unreasonable sentencing, the lower court’s sentence (one year of imprisonment with labor for three years) is too uneasy and unreasonable.

2. Determination

A. According to the record of the claim of mental and physical disability, in light of the fact that at the time the defendant dices a large amount of alcohol in a difficult state, the defendant did not properly find a dormitory where he resides after the drinking place, and that the defendant was engaged in a blishing, before the crime was committed, the defendant seems to have been in a state of drinking at the time.

In addition, in light of the circumstances leading up to the instant crime, the method and content of the instant crime, the Defendant’s behavior and attitude before and after the instant crime, etc., such as: (a) the Defendant committed the instant crime without any criminal history, in a place easily visible by another person depending on a string female, where the Defendant, who had been a relatively faithful life without criminal history, was an string female; and (b) the Defendant unilaterally followed the victim’s secret name after the instant crime by E, and carried out the stairs; and (c) the Defendant’s behavior and attitude before and after the instant crime appears to have been in a state of lacking the ability to discern things or make decisions.

Therefore, this part of the prosecutor's argument is without merit.

B. The Defendant’s assertion of unfair sentencing is divided into one’s mistake and is against the Defendant, the Defendant has no record of criminal punishment so far, the Defendant agreed after paying five million won to the victim, the Defendant committed the instant crime by contingency while under the influence of alcohol, and the degree of injury to the victim is relatively minor, etc., and the victim who did not have a common sense to resolve his/her sexual desire.