The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. The judgment of the defendant has a record of having been punished several times for the same crime, and there are unfavorable circumstances such as the fact that the defendant committed the crime of this case even during the period of probation for the same crime, and the degree of injury of the victim caused by the crime of this case is not minor.

However, in light of the fact that the Defendant recognized the instant crime, the fact that the Defendant agreed smoothly with the victim, and other various circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unfasible.

The prosecutor's assertion is without merit.

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