The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (eight million won in penalty) on the defendant in summary of the grounds for appeal is too unhued and unreasonable.

2. The fact that the defendant committed the instant crime during the period of suspended execution for the same crime is disadvantageous to the defendant.

However, the fact that the defendant committed the crime of this case by contingency while under the influence of alcohol, the police officer in charge wanting to take the defendant's preference, the social relation between the defendant and the defendant seems to be clear, and the fact that the defendant is trying to prevent the recurrence of the same case as in this case, is considered to be favorable to the defendant.

In the instant case where there is no special change in circumstances that could change the sentence of the court below, including the above circumstances, the court below exceeded the scope of reasonable discretion by taking into account the following factors: (a) considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances asserted by the prosecutor after the commission of the crime; and (c) taking into account all the circumstances asserted by the prosecutor, the sentence imposed by the court below is too

subsection (b) of this section.

Therefore, prosecutor's assertion is not accepted.

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.