The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair argument of sentencing) of the lower court's punishment (five years of suspended execution, etc. in imprisonment with prison labor for three years) is too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, the appellate court needs to respect the sentencing of the court below (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is difficult for the appellate court to easily reverse the unfavorable circumstances against the defendant, such as the prosecutor’s point of view.

① Using the victim’s trust, the Defendant committed the instant crime; ② With knowledge of “the victim’s emotionally difficult condition”, the Defendant committed the instant crime; (ii) the Defendant was committed with the knowledge of “the victim’s emotionally difficult condition; (iii) the content and form of the instant crime, including the number of times and time of prosecution and the age of the victim; and (iv) the Defendant appears to have received a considerable mental impulse and sexual humiliation.

However, the 14th, 16th, 19th, etc. of the evidence record: (a) the Defendant was aware of the seriousness and seriousness of the instant crime in depth, and the Defendant was aware of his mistake, and (b) the Defendant agreed to pay a considerable amount of agreement on the part of the victim (it does not seem that the agreement with the Defendant was carried out against the victim’s express intent even according to the sentencing investigation conducted in the first instance trial); (c) the Defendant did not have been subject to criminal punishment until then; and (d) the Defendant’s family relation was under circumstances favorable to the Defendant. In light of the favorable circumstances that are favorable to the Defendant, the lower court’s sentence cannot be deemed unfair.

The judgment of the court below also determined the punishment against the defendant by taking into account the above unfavorable circumstances, and the judgment of the court of original instance, unless there is any particular change in the sentencing conditions in the trial.