The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.

2. Each of the crimes of this case recognized by the evidence, evidence, rule of law, and legal principles is recognized as having two times sexual intercourses with a female juvenile who has a intellectual disability as a second grade in 16 years old, and the criminal liability is not easy and good, and the victim who has not formed a proper sexual values physically and mentally aestheticly, seems to have suffered considerable mental shock, and thus, is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant recognizes all of the crimes in this case and reflects his mistake, that the legal representative of the victim agreed smoothly with the legal representative of the victim, and that there is no same criminal record.

As above, the sentencing factors and sentencing guidelines, age, health conditions, 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, circumstances after the crime, etc. are revealed in the arguments, including various circumstances as mentioned above, and the statutory punishment under Article 11-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) applied in this case, and the former Act on the Protection of Children and Juveniles against the purpose of the Act on the Protection of Sexual Abuse of the Child and Juveniles against the law are unclear, and there is insufficient grounds to regard the suspended sentence as a type which cannot be selected in any case. The balance of the sentence with the similar cases against the victim identical in this case [the sum of six cases where an agreement was reached on February 14, 2013; 2015Da164, Feb. 16, 2012