The prosecutor's appeal is dismissed.

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

2. The crime of this case is found to be an unfavorable sentencing factor, such as the fact that the defendant has sexual intercourse with a disabled person with an adult who is unable to properly defend himself due to mental disorder, etc., and the crime is not good, and the victim seems to have suffered a lot of mental pain.

However, it is recognized that the defendant recognized his mistake in this court when he reached this court, and there is also an objective and neutral factor of sentencing, such as that the victim who is a disabled person and the victim agree with the victim who was sexually disabled, and that the defendant has no criminal history, and that there is no objective and neutral factor of sentencing.

Examining comprehensively the factors of sentencing as above and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, the circumstances after the instant crime, and the facts that are different from those of special types, such as the case of sexual crimes against children or juveniles, etc., the sentence imposed by the lower court cannot be deemed to be somewhat weak to the extent that it should be reversed.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

- The principal standards for selecting a stay of execution, such as a sex crime group, general standards, sex offenses against persons with disabilities (at least 13 years of age), types 4 (Sexual Intercourses with Fraudulent Force, Rape), no penalty is granted, criminal records of the same kind, no criminal records of the suspension of execution or more, and victims, etc. who are vulnerable to the crimes, etc.

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