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 the evidence, evidence, rules of evidence, and legal principles is a case where the defendant met her 11-year-old son and her son, who is playing with other children, and the victim expressed her intention to refuse it, and then sees the victim's her chest and the victim's son while she made her decision to refuse it. The crime of this case is very poor and highly likely to be criticized in that she committed sexual assault against the victim at the time when she formed her weak sexual identity and values. The crime of this case seems to have suffered a large mental shock and pain of the victim, which can be a big obstacle to the formation of a sound sexual values of the victim, and the defendant is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as that she did not agree with the victim or did not make a reimbursement from the victim up to the trial.

However, a favorable sentencing factor or objective and neutral sentencing factor is also recognized, such as the fact that the Defendant led to the instant crime and seriously reflects the Defendant, the degree of indecent act is relatively minor, the Defendant has no record of criminal punishment, the Defendant has been treated for more than 20 years with depression and mental fission, and the Defendant has been receiving medical treatment for more than 20 years, and need to continue medical treatment in the future.

The aforementioned elements of sentencing and sentencing, sentencing guidelines, age, health status, character and conduct, intelligence and environment of the defendant, motive and background leading to the crime of this case, the means and consequence of the crime, and circumstances after the crime, etc. are revealed in the arguments, and the statutory punishment of the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a limited term of not less than five years or a fine of not less than 30 million won but not more than 50 million won) is based on the sentencing guidelines of the Supreme Court and the Sentencing Commission.