The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is too unfasible and unfair.

2. However, the crime of this case was committed by the Defendant as the teacher of B in the criminal case against B, and the Defendant committed the crime of this case with the promise of economic compensation, such as guaranteeing the livelihood of his/her family, and the Defendant’s perjury influenced the court’s judgment of innocence or not guilty, and thus, the crime of this case is not less complicated.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, the Defendant actively disclosed the facts of crime to the investigation agency before the judgment of the instant case became final and conclusive, and led to the Defendant’s conviction of B as he testified the truth in the appellate trial of the said criminal case. The Defendant appears to have been in custody with B at the time of the instant crime, and the Defendant appears to have been in a difficult aspect to refuse B’s request in light of the relationship with B, and other various circumstances, which are the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, are considered, and thus, it cannot be deemed unfair for the lower court’s sentence to be too unafed.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.