The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the misunderstanding of facts in the part of the Defendant case (the number of quasi-rapes, etc.) and the victim’s consistent statement, F’s statement, and I’s statement at the investigative agency, etc., despite the fact that the Defendant and the person requesting the attachment order (hereinafter “defendants”) inserted the sexual organ into the part of the victim’s sound mind, the lower court, among the facts charged in the instant case, did not recognize the sexual intercourse and the victim’s non-rape or the state of inability to resist, as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.).

The sentence imposed by the court below on the defendant (two years and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

In light of the following: (a) the Defendant’s act of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse should be recognized as a last day; (b) the Defendant did not seriously reflect his/her intention; and (c) the Defendant is highly likely to repeat an offense; and (d) the Defendant dismissed the Defendant’s request for the attachment order of this case on the ground that the Defendant was sentenced to suspended sentence

Judgment

The lower court found the Defendant guilty of the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case in full view of the following circumstances acknowledged by the record.

① In full view of the statements made by the victim of the crime to which the victim actually had sexual intercourse, the victim did not drink at the time of the instant case. Although the victim was locked on the container, the Defendant was at the time when he was off from the container and was off the body of the Defendant. However, the victim was a shoulderer at the time when he was off from the container.