The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, two years of suspended sentence, community service order 40 hours, and 40 hours of an order to attend a sexual assault treatment lecture) of the lower court is deemed unreasonable.

2. The instant crime committed on board is that the Defendant, who is in a position to protect the users of a bus terminal, discovered the victim under the influence of alcohol at the bus terminal and took the place to be well-known, and sexual intercourse with the victim by taking advantage of the victim’s state of failure to resist, and the Defendant’s liability is not less light in that the crime is not good in light of the object and content of the crime, and is highly likely to be socially criticized.

However, if the court below examines the defendant's punishment based on the sentencing conditions stipulated in Article 51 of the Criminal Act and the range of recommended sentences according to sentencing guidelines, which are shown in the records and arguments of this case, including the fact that the defendant seems to be in profoundly against his mistake, that the victim expressed his intention not to punish him by agreement with the victim, and that the defendant has no record of criminal punishment prior to the crime of this case, etc., and that there is no record of criminal punishment prior to the crime of this case, the court below's punishment against the defendant is deemed to be unfair because the sentence of the court

3. According to the 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.