The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (including four months of imprisonment without prison labor, two years of suspended execution, 40 hours of community service, 40 hours of compliance driving, 40 hours of course) is too uncomfortable and unfair.

2. Although the Defendant had been punished for the same crime, he again committed the instant crime.

The degree of injury of the victim is serious, and it was not agreed with the victim.

However, the defendant recognizes his mistake, and is against himself.

The defendant was subscribed to the liability insurance.

The victim's negligence also caused the accident of this case, and the defendant India suffered injury due to the accident of this case.

There is no criminal history exceeding a fine for the accused.

In addition, considering the Defendant’s age, sexual conduct, background of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment against the Defendant appears to have been conducted within the reasonable scope of discretion, and it is not recognized that the lower court’s punishment is unfair because it is too unfasible.

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