The prosecutor's appeal is dismissed.

1. In light of the circumstances against the Defendant in light of the gist of the grounds for appeal, the sentence imposed by the lower court (two years of imprisonment and three years of suspended execution) is too uneased and unreasonable.

2. The fact that an adult defendant has sexual intercourse with a victim who is merely 12 years of age to meet his/her sexual desire is likely to be subject to criticism in light of the purpose of the provision of the crime of rape by minors even if mutual agreement exists, it is unreasonable for the court below to have held that, in full view of the following favorable circumstances: (a) the defendant led to the crime of this case and his/her parents; (b) the defendant and his/her parents paid a reasonable amount of agreement with the victim's family members; (c) the father of the victim who represented the victim complained of the defendant's wife; (d) the victim himself/herself had no strong intent to punish the defendant before the agreement was reached; and (e) the defendant had no previous conviction; and (e) the defendant's age, character, environment, family relationship, motive of the crime; (e) the means and consequence of the crime; and (e) the recommendation of the sentencing guidelines set forth in the sentencing guidelines set forth in the Criminal Procedure Committee.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.