The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In light of the fact that the Defendant did not know even during the period of suspension of execution due to the same kind of crime, and that the Defendant committed the instant crime and repeated the same crime against the victim several times, it is recognized that the need for strict punishment is recognized.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; and (b) the instant crime was committed in the course of the victim’s continued finding the Defendant’s home; (c) there are circumstances to consider the situation; (d) the victim still maintained the relationship between the Defendant and the Defendant; and (e) the victim did not want to punish the Defendant; and and (e) other circumstances that form the condition for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.