The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in four months of imprisonment) is deemed to be too untile and unfair.

2. The fact that the victim did not suffer damage is an unfavorable circumstance to the defendant.

However, if considering the following circumstances, such as the first offender, the Defendant appears to have committed the instant crime by contingency while drinking, the Defendant deposited KRW 2 million for the victim, the Defendant recognized and reflects his fault, the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the Prosecutor’s assertion is not acceptable on the grounds that the lower court’s punishment is too unfeasible and is unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.