The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the suspended sentence of a penalty of three million won) declared by the court below is too uneasy and unreasonable.

2. The Defendant, after drinking the same university students as the victim and drinking alcohol with the same university students including the victim, forcedly imprisoned the victim by entering the victim’s accommodation with the victim, and drinking the victim’s chest.

Considering the fact that the victim appears to have suffered considerable mental shock due to the instant crime, the nature and circumstances of the instant crime are not somewhat weak.

However, the Defendant recognized the instant crime, thereby reflecting his mistake in depth, and without any criminal history.

The degree of force used by the victim was not severe, and the defendant remains in the same room as the victim, which led to the crime of this case somewhat contingent and misleadingly.

The defendant paid consolation money to the victim and received a letter from the victim by the original agreement.

The defendant is a university student of 24 years of age who has started a social life so that he/she is fully able to improve his/her personality and behavior through appropriate edification in the future.

It shows that social ties are well maintained with neighboring people such as family members who can support this.

In full view of such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the sentencing conditions as shown in the instant records and arguments, even if the Defendant was not sentenced to punishment, it is deemed that the Defendant would not be subject to punishment again, and thus, it cannot be deemed that the sentence imposed by the lower court is too unfortunate and unfair.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor’s appeal of conclusion is without merit.