The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. The judgment is disadvantageous to the Defendant, even though the Defendant had been under the period of probation.

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, mental disease as a intellectual disabled person, which seems to have affected the crime of this case, the defendant is hospitalized in a mental hospital and is receiving treatment, and the fact that the defendant agreed with the victim in the trial is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions shown in the instant records and pleadings, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.