The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (four years of suspended execution for three years of imprisonment, 160 hours of community service order, and 40 hours of order to attend a lecture) is deemed to be too uneasible and unreasonable.

2. In light of the fact that the tangible force of the Defendant’s exercise of the victim at the time of the instant case constitutes assault in the crime of rape as to the degree of suppressing or making it considerably difficult to suppress the victim’s resistance, and that the victim appears to have suffered severe mental impulse, it is necessary to punish the Defendant strictly.

However, in light of all the circumstances, such as the fact that the defendant has no criminal power in the same kind, the degree of the type used by the defendant is relatively small, and the victim does not want the punishment of the defendant under an agreement with the victim in the trial, and the defendant supports his wife and children, the sentencing of the court below is difficult to be deemed unfair because it is too uneasible.

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 ground that it is without merit. It is so decided as per Disposition.