The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (three years of imprisonment, five years of suspended execution) is too unjustifiable.

B. It is unreasonable for the court below to exempt the defendant from disclosure and notification of personal information, even though it is necessary for the defendant to disclose and notify personal information in light of the following: (a) it is unreasonable to regard him as a contingent crime in the sense that the defendant committed a crime by intrusion upon his/her house with the awareness that he/she was a disabled person; (b) it is unreasonable to regard him/her as a contingent crime in view of the fact that he/she did not make a full confession in court; (c) it is unreasonable to consider him/her as an attitude of anti-influence by making a fluencing defense without any confession; (d) the victim wants to punish the defendant;

2. Determination on the grounds for appeal

A. As to the assertion of unfair sentencing, the instant crime committed by the Defendant’s intrusion upon the victim’s house suffering from intellectual disability and thus, the relevant crime was more serious. At the early stage of the investigation, the prosecution denied the act of indecent act by compulsion, and recognized it by the prosecution, but it was consistent with the reasoning that the victim was unaware of the fact that he was the disabled, and the victim would have suffered considerable pain due to mental shock caused by the instant crime, there is a need for strict punishment for the Defendant.

However, the defendant seems to have committed a contingent crime by reporting the victim's appearance at the time, failing to participate in sexual impulses in a timely manner, and without previous criminal records so far, there are only three fines, one-time suspended sentence, and all of the crimes are recognized and reflected in the trial, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.