The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment, one year of community service work, and one hundred and sixty hours of imprisonment) is too unhued and unreasonable.

2. The lower court determined that the instant crime was committed on a favorable basis, taking into account the following favorable circumstances: (a) the commission of the instant crime was committed against the persons with disabilities with intellectual disability 2; (b) the nature of the crime was not good for having jointly used violence against the persons with disabilities with intellectual disability 2; and (c) the degree of the victim’s assault was not somewhat weak in light of the victim’s body itself and parts of the bodily injury; and (d) the Defendant agreed with the victim; and (e) Defendant A appears to have been detained for more than six months, and (e) the Defendant A

Even when taking into account the unfavorable circumstances of the Defendant’s nature of the crime, considering the circumstances favorable to the lower court, such as the fact that the victim is not subject to punishment against the Defendant, and all of the sentencing conditions, such as the Defendant’s age, sexual conduct, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s judgment exceeding the reasonable bounds of discretion or maintaining it as it is is unreasonable (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.