The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too uneasy and unfair (a prosecutor stated his opinion that the Defendant shall be punished by imprisonment with prison labor for one year). 2. Determination of the lower court was made on the grounds that the Defendant was punished for the same kind of crime, but the Defendant committed the instant crime during the period of suspension of execution.

However, the defendant reflects the defendant's depth in committing the crime, and the victim wants to have the wife of the defendant by agreement with the victim, and the damage caused by the defendant's crime is relatively little.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.