The prosecutor's appeal is dismissed.

1. The lower court dismissed the public prosecution on the grounds that the victim had withdrawn his wish to punish the Defendant, among the facts charged in the instant case.

Since the prosecutor appealed on the ground of unreasonable sentencing only for the remaining guilty portion except the above dismissed portion, the dismissed portion was excluded from the object of attack and defense between the parties, and there is no matter to be deliberated and determined ex officio.

Therefore, the scope of this Court's adjudication is limited to the conviction of the original judgment, and the conclusion of the original judgment is not followed with respect to the dismissal of public prosecution.

2. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (two years and six months of imprisonment, four years of suspended execution, forfeiture of seized cell phone per cell phone and 80 hours of taking sexual assault treatment courses) is deemed too uneasy and unreasonable.

3. Examining the various sentencing conditions in the instant case, each of the instant crimes is an unfavorable circumstance to the Defendant, in light of the following: (a) the victim refused to have a sexual intercourse with the victim who was known to the Defendant through her parents; (b) assaulted the victim to commit rape; and (c) taken the sex-related head by using a cellular phone; and (d) transmitted the victim to her friendship; (b) the nature and circumstances of the crime are bad and heavy; and (c) the victim with a intellectual disability appears to have suffered considerable sexual humiliation and mental suffering due to each of the instant crimes.

On the other hand, the Defendant appears to reflect in depth when committing all the instant crimes, and the victim does not want punishment against the Defendant by mutual consent with the victim, and the Defendant would have sexual intercourse with the victim under agreement with the victim.