The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Determination of the instant crime is an unfavorable condition in light of the background and content of the instant crime, such as the nature of the crime is not easy, and the amount of damage is considerable.

However, the fact that the defendant recognized the crime of this case, the damage amount to KRW 8 million, out of KRW 17 million, appears to have been repaid to the victim, and the victim does not want the punishment of the defendant by the original agreement with the victim, and when the judgment becomes final and conclusive, the consideration of equity in the case of the judgment is more favorable.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.