2. The judgment of the Defendant is not against the nature of the crime, in that it rapes the victim who was sexually ill at his/her age club and was inflicted an injury in the course of the rape.

However, there are many circumstances favorable to the defendant, such as the fact that the defendant acknowledges all of the crimes of this case and reflects, that the degree of injury of the victim is not serious, that the victim does not want the punishment of the defendant under the agreement with the victim, that the defendant does not have any criminal record other than four times of fine due to drinking driving or violence.

In addition to all the sentencing conditions indicated in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., given that even if imposing the treatment within the scope of the recommended sentence prescribed in the sentencing guidelines (two years to five years from imprisonment), the suspension of the execution of imprisonment, which added the order to attend a course, could expect a special preventive effect to the Defendant, the sentence imposed by the lower court is too unjustifiable.

Therefore, prosecutor's ground of appeal is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.