The prosecutor's appeal is dismissed.

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

2. The judgment of the defendant caused a traffic accident due to the driving of the instant drinking, and the defendant committed the instant crime again despite the fact that he/she had been subject to criminal punishment several times including the same criminal records.

The fact that the defendant recognizes and reflects his mistake, and that the injured party does not want the punishment against the defendant by the victim's unanimous agreement with the victim is a favorable situation.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.