The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to two years and six months of imprisonment, four years of suspended execution, three years of probation, three years of social service, 240 hours of sexual assault treatment, 80 hours of sexual assault treatment) that the court below made is too unfasible and unreasonable.

2. The crime of this case is very serious that the victim (or the 13 years of age), who was drinking together by the defendant, had sexual intercourse with the victim under the influence of alcohol. The victim seems to have received a larger sense of shame and mental impulse by being subject to the crime before being viewed by others. Nevertheless, the defendant did not receive a direct letter from the victim, etc., which is disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the crime of this case, the defendant also committed the crime of this case in a contingent manner while drinking, the defendant was also a 15-year-old juvenile at the time of committing the crime of this case, and it seems that there is room for future improvement as well as the current 17-year-old juvenile, and the defendant has no other criminal power except suspended indictment on probation due to special larceny, etc., and ordered a letter by paying an agreed amount to the mother of the victim to recover damage.

In addition, considering that the Defendant’s probation, community service order, and the order to attend a sexual assault treatment course may sufficiently have special preventive effects, in addition to all the sentencing conditions indicated in the arguments of this case, such as the Defendant’s age, character and conduct, environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., such as probation, community service order, and the order to attend a sexual assault treatment, are considered as a juvenile, and the sentencing guidelines are not applicable to the Defendant.

Punishments imposed by the court below on the defendant shall be reasonable according to the criminal liability of the defendant.