The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal (one year and three months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant committed the instant crime, which the Defendant committed by force against the victim and his/her family members, who committed an indecent act by force against the victim of the age of 7 years and 10 months due to intellectual disorder; (b) the Defendant is against the recognition of the instant crime; (c) the Defendant reflects his/her perception of the instant crime; (d) the Defendant did not have been sentenced to imprisonment or heavier punishment within the past 20 years; and (e) there was a physical disability; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) various circumstances after the crime.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances suggesting that the court below’s decision on the grounds of unfair sentencing alleged by the prosecutor in this court is unfair even if the court below had already considered the defendant’s punishment and the materials presented during the sentencing hearing of this court were taken into account.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.