The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment with prison labor for three years and four years of suspended sentence) is too unhued and unfair.

2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principle is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the defendant had the victim under the age of 13 drinking alcohol, and had raped the victim who was unable to resist under the influence of alcohol, and the nature of the crime is not good.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant has no record of criminal punishment, although the defendant was not judged to the degree of mental disorder, the defendant is deemed to have committed the instant crime under the influence of alcohol with the victim while drinking together with the victim, the defendant seems to have reached a contingent impulse, although the defendant did not memory the instant crime, the overall mistake is against the defendant, and the defendant agreed smoothly with the victim.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, Defendant’s age and victim’s age difference, health conditions, character and conduct, intelligence and environment leading to the instant crime, motive and background leading to the instant crime, means and consequence of the instant crime, circumstances after the commission of the crime, etc., various circumstances revealed in the pleadings, including Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, the statutory penalty (a life imprisonment and imprisonment for more than five years), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one year to five years), and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one year to five years), and the suspension of execution does not fall short of the grounds for deeming the act to be contrary to the legal purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse, the sentence imposed by the court below shall be reversed.