The prosecutor's appeal is dismissed.

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case and sentenced the remainder of the facts charged.

Since only the prosecutor appealed on the guilty portion, the dismissal of prosecution in the judgment below became final and conclusive separately.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., e., e., 5 million won) of the lower court’s punishment is too unhued and unreasonable.

3. In a case where there is no change in the conditions of sentencing 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant taken similar sexual intercourses without the victim’s consent, etc. In light of the method of crime, the nature of the crime is not good, and the victim suffered a great mental pain due to the instant case, etc., that is disadvantageous to the Defendant.

However, the fact that the defendant is against the defendant, and the victim does not want the punishment against the defendant is favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime, as a whole, various conditions of sentencing indicated in the pleadings and records, it cannot be deemed that the lower court’s punishment goes beyond the reasonable limit of discretion.

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.