The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.

2. The crimes of this case acknowledged by the evidence, evidence, rule of evidence, and legal principles are acknowledged as disadvantageous sentencing factors or objective and neutral sentencing factors, such as: (a) the Defendant committed an indecent act by force on two occasions by the victim with intellectual disabilities of 18 years of age; and (b) the quality of the crime is not good; and (c) the victim appears to have suffered considerable mental suffering from each of the crimes of this case.

However, it is also recognized that there is no history of criminal punishment except that the defendant has been punished twice through a relatively minor crime, that there is no history of criminal punishment, that the defendant agreed with the family members of the victim, that the defendant has denied most of the crimes in an investigative agency, but the defendant has accepted and reflected his mistake from the original court later, and that there is no objective and neutral elements of punishment.

In full view of the aforementioned factors of sentencing and sentencing guidelines, the defendant's age, health status, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the crime, circumstances after the crime, etc., various circumstances revealed in pleadings, such as the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment for a term of at least three years or a fine of at least 20,000,000 won, but not exceeding 50,000 won), the scope of the recommended sentence (one year to four years and six months), the sentencing guidelines of the Supreme Court sentencing committee (one year to four years), and the suspended sentence is not sufficient to be selected in any case (it does not constitute grounds for recommending punishment according to the sentencing guidelines of the Sentencing Commission).