The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In light of the content and circumstances of the instant crime, the nature of the crime is not somewhat weak, and the Defendant has a history of criminal punishment several times due to the same kind of crime and violence, and the Defendant committed the instant crime again during the suspension period of the execution of the crime, etc., which is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and against himself; (b) the type of force used in the course of the commission of the crime and the degree of interference with duties is relatively excessive; (c) the victim does not want punishment against the Defendant; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior and environment; and (d) circumstances after the commission of the crime, etc., the sentence imposed by

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.