성폭력범죄의처벌등에관한특례법위반(특수강간)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (three years of imprisonment, five years of suspended execution) is too unfased.
2. The judgment of the defendant caused a huge shock and pain to the victim and his family members due to the crime of this case, and the contents of the crime are hard to receive. However, in light of the fact that the defendant agreed with the victim, the defendant did not have the same criminal record, the defendant has no criminal record, the defendant has a profoundly reflected in the crime, and his family members are leading the crime, and other various sentencing conditions indicated in the record, such as age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence of the court below cannot be deemed to be too unreasonable to the extent that the defendant cannot escape from destruction because it is too uneasible.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.