The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the sentence of 2 years of suspended execution in 10 months of imprisonment, and the community service work of 160 hours) is too unfasible and unfair.

2. The crime of this case was committed by the Defendant with a personal seal.

When C becomes aware of the fact that he had sexual intercourse with the defendant's following person, it is not good to form a crime because C made a false report, etc. to the effect that he was sexually abused from the victim by setting aside the criminal agreement, ordering C to make a false report, etc., and that the crime is not good. Since the criminal act causes unnecessary human resources waste of the criminal justice agency and inflict mental pain on the victim, and if it is erroneous, it may lead to the exercise of the wrong state penal authority, it is necessary to strictly punish the defendant, and the defendant is disadvantageous to the defendant, such as the fact that he was unable to take care of the victim.

However, the defendant led to the confession of the crime of this case and reflects his mistake; the defendant led to his confession by an investigative agency; and the defendant was unaware of the victim as the defendant's teacher.

C Taking into account the favorable circumstances such as the confession after the commencement of the investigation, that the accused was not prosecuted, and that there was no record of the same kind of crime, and that there was no criminal record exceeding the fine, equity in the punishment with C, and the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence, and all of the sentencing conditions indicated in the instant case and the previous theories, such as the circumstances after the commission of the crime, it does not seem that the sentence imposed by the lower court is unreasonable.

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 prosecutor's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, however, the court below's decision ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, and it is corrected that "Article 55 (1) 6" among "Article 55 (1) 3" is dismissed as "Article 55 (1) 3".