The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (exemption from punishment) is too unfased and unreasonable.

2. The crime of this case is deemed to have been committed by the defendant in collusion with E, F, G, H, etc. to have sexual intercourses with the defendant, and thereby, while committing the crime of this case, the crime of this case is deemed to have been committed by the defendant, who is likely to interfere with the state's criminal justice affairs and undermining the risk of criminal punishment by making D without any agreement with the defendant, etc., and the crime of this case is deemed to have been committed by the defendant, but it is not good that the defendant recognized the crime of this case and is in depth against the defendant. The crime of this case should be considered at the same time with the case of violation of the Punishment of Violence, etc. Act (joint conflict) including the crime of attempted attack against D, and the illegality of the crime of this case is deemed to have already been assessed on the grounds for sentencing of the judgment, and the crime of this case was committed by the defendant alone.

A group of public conflicts, such as Defendant, E, F, G, and H, in fact, were jointly conducted through consultation or collusion. However, the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc. seems to have been neglected to make it inevitable for the Defendant to make a sexual intercourse with D. It appears that the Defendant would not be subject to any separate criminal punishment due to the instant crime. The Defendant voluntarily surrenders and cooperates with E, etc. for the overall crime of mutual conflict with E, including the instantless crime, and voluntarily surrenders and cooperates with the investigation. The Defendant supports the children living alone at present, and there is no other criminal record except for the crime of violation of the Punishment of Violences, etc. Act (joint conflict), and the sentencing of the lower court is appropriate in full view of various sentencing conditions provided for in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, motive, means, and result of the crime before and after the crime.