The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the court below (two years of imprisonment and three years of suspended execution, etc.) is too unhued and unfair;

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant kidnapped the victim under the influence of alcohol along with his accomplice to force indecent act by force, and the nature of the crime was poor in light of the circumstances and content of the crime, and the victim appears to have suffered considerable mental shock and sexual humiliation due to the instant crime.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, etc., as well as the sentencing guidelines of the Supreme Court Decision 201Da15489 decided May 1, 201, the sentence imposed by the court below is unreasonable, considering the following factors: (a) the defendant recognized the crime in this case and divided the errors; (b) the defendant had no record of punishment exceeding the same criminal power and fine; (c) the victim's indecent act against the victim was committed in the course of the crime in this case; and (d) the degree of the defendant's participation was committed in the process of the crime in this case; and (e) the defendant was willing to take advantage of the victim's prior measures against the defendant in consultation with the victim.

Therefore, prosecutor's assertion is without merit.

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