The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable.

2. In a case where there is no change in the sentencing conditions compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). From such perspective, the lower court determined the Defendant’s punishment by comprehensively taking into account the following factors: (a) the sentencing of the lower court is favorable to the circumstances that are favorable to the Defendant (such as the fact that the Defendant was led to two times a fine due to drinking driving; (b) the amount of drinking alcohol is high; and (c) the fact that the Defendant is led to confession and against the Defendant; and (d) the fact that there is no other penalty force than the above amount of fine; and (d) there is no special change in circumstances that could change the sentence of the lower court

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court exceeded the reasonable scope of discretion, and thus, exceeded the reasonable scope of discretion.

It does not appear.

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.