The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won in penalty) is too uneasy and unreasonable.

2. As to the facts that the Defendant had been punished for the same crime more than 20 times, and that the Defendant again committed the instant crime within a short time after serving as the same kind of crime and being released therefrom, and that the degree of violence used by the victim is not less than that of the victim, the circumstances unfavorable to the Defendant should be considered.

However, in full view of all the sentencing conditions as indicated in the records and arguments in the instant case, including the fact that the Defendant recognized the Defendant’s mistake and reflects, the fact that the Defendant agreed with the victim, the background of the instant crime, the degree of injury inflicted on the victim, the age, occupation, sexual conduct, etc. of the Defendant, and the circumstances after the commission of the crime, the lower court’s punishment against the Defendant is deemed to be within the reasonable scope, and it is difficult to view it as unfair due to excessive

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.