The prosecutor's appeal is dismissed.

1. The court below's punishment (two years of imprisonment, three years of suspended execution, a community service for 200 hours and an order to attend a sexual assault treatment course for 40 hours) against the defendant in the grounds of appeal by the prosecutor is too uneasible and unreasonable;

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted in this court, and there is no particular change in the sentencing conditions compared with the original judgment.

In addition, comprehensively taking account of the circumstances that are unfavorable to the defendant, such as the fact that the nature of the crime is not less and less against the defendant's sexual intercourse with a victim who has no awareness of being drunk, etc., and the fact that the defendant led to the confession of the crime and the defendant, and that the victim does not want the punishment against the defendant by mutual consent with the victim, etc., the court below's punishment cannot be deemed to have exceeded the reasonable scope of discretion.

The prosecutor's assertion that the sentencing of the court below is too unjustifiable is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.