The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. As the judgment of the court below revealed, there is a need to strictly punish the defendant considering that the defendant has a history of criminal punishment related to multiple violence and is in the period of suspension of execution due to interference with duties. However, even though the defendant agreed smoothly with the victim at the police investigation stage, although the victim was under operation of the vehicle, he did not move at a rapid speed at the time of the crime of this case, his mistake is seriously against the defendant's age, sexual behavior, environment, means and method of crime, result, etc., and all of the sentencing conditions stated in the arguments, such as the defendant's age, sexual behavior, environment, means and method of crime, result, etc., it cannot be deemed unfair because the sentence imposed by the court below is too uneasible

Therefore, prosecutor's assertion is without merit.

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 (Article 189 of the Criminal Procedure Act on the costs of lawsuit).