The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although a mistake of facts or misapprehension of legal principles recognized the defendant's intention to commit indecent act by compulsion, the court below recognized only the intention of indecent act by compulsion and found the defendant guilty of the injury resulting from rape, which is the primary charge, and found the defendant not guilty of the injury by rape, which is the primary charge, on the grounds that the crime of robbery was established since the defendant abused the victim's property with the intent to rape, and seized the victim's property, and thus, the crime of robbery was committed, the court below found the defendant guilty of larceny only and acquitted the defendant

B. The sentence imposed by the court below on the defendant (one year of imprisonment, five years of probation, 40 hours of probation, community service for 150 hours of sexual assault treatment) is too uneasible and unfair.

2. Determination

A. (1) With respect to the assertion of misunderstanding of facts or misapprehension of legal principles, the lower court, based on Article 2(2) of the not-guilty part of the facts charged in the instant case, states the reasoning of innocence as to the part of the injury by rape to the purport that it is not recognized that the Defendant had any intention to commit more rape in indecent act by compulsion. In light of the evidence duly admitted and investigated by the lower court, the lower court’s aforementioned determination of innocence is just and acceptable, and thus, the Prosecutor’s allegation of misunderstanding of facts or misapprehension of legal principles as to this part

(2) Of the facts charged in the instant case, the crime of robbery under Article 333 of the Criminal Act is established by taking forcibly another person’s property or acquiring pecuniary advantage by using sufficient assault or intimidation to suppress a person’s resistance. As such, the Defendant committed assault or intimidation to the extent sufficient to suppress another person.