The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant has a record of having been punished several times due to the same crime, the defendant's blood alcohol concentration relatively high at the time of the instant crime, and the fact that the defendant caused a traffic accident during the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant's mistake is against himself, and there is no same criminal history except the criminal records in the decision of the court below, which is relatively old and has been punished, is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above 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.