The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (the period of two years and six years of imprisonment) is too unfased and unfair.

2. The crime of this case recognized by evidence, evidence, rules of evidence, and legal principles is acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the Defendant’s indecent act by compulsion of the victim of the intellectual brain 3 disability in the age of 18; (b) the victim and his family members appear to have suffered considerable mental pain due to the crime of this case; and (c) the victim and their family members did not agree with, or did not have, the victim.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also recognized, such as the fact that the defendant has committed a crime since the investigative agency, and has a strong reflective nature presented by the sentencing guidelines, that the crime is committed once, that a considerable amount (total of KRW 10 million) has been deposited for the victim side, that is the primary offender who has no criminal power, etc.

The aforementioned factors of sentencing and sentencing guidelines, the defendant's age, health status, character and conduct, intelligence and environment, motive and background leading to the crime of this case, the means and consequence of the crime, circumstances after the crime, etc., various circumstances revealed in arguments, such as the circumstance after the crime, the statutory punishment for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment for at least three years or a fine of at least 20 million won but not exceeding 50 million won) (limited to imprisonment for at least two years or 6 years or 5 years), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (limited to imprisonment for two years or 6 years), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (limited to a recommendation of punishment according to the sentencing guidelines of the Sentencing Committee), and there is insufficient grounds to regard the suspended sentence as a type which cannot be selected in any case (the opinion of the investigator according to the sentencing guidelines of the court below).