The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (five years of imprisonment with prison labor for not more than three years) that the court below sentenced is too unfasible and unfair.

2. The crime of this case is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the defendant's sexual intercourse or indecent act against the victim who is a female juvenile of Grade 4 with intellectual disability 17 years of age, and the criminal liability is not weak, and that the victim seems to have suffered a lot of physical and mental pain, and that the victim might have suffered a lot of physical and mental pain due to the crime of this case, and that the age victim might have a great obstacle to establishing a sound sexual identity in the future.

However, since the prosecution, the defendant has recognized his mistake, and it seems that the degree of force used by the victim is not serious, and the defendant paid the victim the amount equivalent to 27 million won and agreed that the victim does not want the punishment against the defendant (the prosecutor asserts that the effect of the above agreement signed and sealed by S is not possible because S, the mother of the victim, suffers from mental fission, but the above agreement is insufficient, so the above agreement's effect is recognized) and it is also recognized as favorable sentencing factors or objective and neutral sentencing factors such as the first offender who has no criminal power, including the previous sexual crime record.

The above elements of sentencing and sentencing criteria, the defendant's age, health status, character and conduct, intelligence and environment, motive and background leading to the crime of this case, the means and consequence of the crime, circumstances after the crime, etc., and the crime of sexual intercourse under the statutory punishment of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "sexual Crimes") and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities, etc.) shall be punished by imprisonment for not less than five years, and the above