The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles (as to the part not guilty of the judgment of the lower court), the Defendant’s act and the degree of indecent act at the time of committing this part of the crime can be sufficiently recognized that there was an intentional rape

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

2. Determination

A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant of this part of the facts charged: (a) around 23:00 on February 5, 2014, the defendant alleged that he would be free from the victim within the “D” located in Daegu Northern-gu, Daegu-gu; (b) after hearing the statement that he would return investment money from the victim; and (c) in order to rape the victim, he would have flick the victim’s body; (d) flick the body of the victim; (e) flick the body of the victim; (e) flick the victim’s body; and (e) flick the victim’s body; and (e) flick the victim’s body; and (e) flick the victim’s body and flick; and (e) flick the victim’s body and flick; and (e) flick the victim’s body and flick the victim’s body, the defendant tried the victim’s body and fl.