The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (such as imprisonment for a period of four years) sentenced by the lower court is too unfased and unreasonable.

2. Each of the crimes of this case recognized by the evidence, evidence, rules of evidence, and legal principles is acknowledged as a case where the defendant committed a indecent act by force on the 17-year-old victim, who is a married couple, with heavy liability for the crime, and the victim, due to the defendant's criminal act, suffered considerable mental pain and shock, and seems to have a great obstacle to the formation of sound sexual values and right family prosperity in the future. Nevertheless, there is an unfavorable sentencing factor or objective and neutral sentencing factor, such as the defendant's agreement with the victim or failure to take advantage of it.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the fact that the defendant has committed the crime in whole since the investigative agency, the fact that the defendant does not seriously affect the type of the defendant's use or the degree of indecent act, the fact that the victim does not proceed to the crime any longer than the victim's expression of his intention of refusal, the fact that the defendant is not judged to the degree of mental disorder but appears to have committed contingent and impulsely under the influence of alcohol, and that it is the first offender with no criminal power

As above, each of the sentencing factors, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment with prison labor for a limited term of at least five years), the recommended range on the sentencing guidelines (two to four years), Defendant’s age, health status, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, means and consequence of the crime, various of the circumstances revealed in the pleadings, including the circumstances after the crime, etc., and the act contrary to the purpose of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, must be chosen from the punishment without fail to be selected in any case (Supreme Court Sentencing Committee).