The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhutiled and unfair.

2. The crime of this case (the judgment of conviction by the court below is lawful in light of evidence, evidence law, and legal principles) is an indecent act committed by the defendant, who is an adult around 49 years old, who committed an indecent act against the victim with intellectual disability as 14 years old at the time, and the nature of the crime is not good, and the defendant denies the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant had no record of punishment prior to the crime of this case, and that the defendant is a disabled person of Grade IV with a hearing impairment is favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to each of the instant crimes, the means and consequence of the instant crimes, the date and time of the crime, the time of the commencement of an investigation after public debate, the situation of the victim at the time of the investigation, the circumstances after the crime, etc., as well as the circumstances after the crime, etc., the Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (Supreme Court Decision 2015Do3260 Decided July 23, 2015).

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.