The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (one year of suspended sentence in the month of imprisonment with prison labor) is deemed to be too unhued and unfair.

2. The judgment that the defendant has a record of being punished for the same crime, and that the defendant does not receive a letter of suspicion from the damaged person is disadvantageous to the defendant.

However, given that the Defendant’s intellectual disability exists, the victim appears to be liable to some extent for the occurrence of the instant crime, and other circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.

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.