The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the first instance court, the second instance court, the second instance court, and the second instance court) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. The fact that the first instance criminal defendant has been punished several times for the same kind of crime is disadvantageous to the criminal defendant.

However, in light of the fact that the Defendant recognized his mistake and reflects on the Defendant’s age, sex, environment, motive and consequence of the crime, etc., the Defendant’s punishment No. 1 is too unfasible and unreasonable, and thus, the Prosecutor’s argument of sentencing for the first sentence of the lower court is not acceptable.

B. The fact that the second instance criminal defendant has been punished several times for the same kind of crime is disadvantageous to the defendant.

However, considering the following circumstances: (a) the Defendant’s drinking volume is very high; (b) the victim’s damage is not very serious; (c) the Defendant is recognized and against all his/her mistake; and (d) the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (e) other circumstances revealed in the second instance court’s pleading, such as the circumstances after the crime, etc., the Defendant’s second instance court’s punishment is too uneasible and unreasonable; and (d) thus, the Prosecutor’s 2nd instance court’s unjust assertion on sentencing for the Defendant’s punishment

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.