강간상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years and six months of imprisonment, three years of suspended execution, and order to attend a course) is too unfluent and unreasonable.
2. Determination:
A. In light of the method and content of the instant crime, the lower court imposed an order to attend the course for 120 hours within the scope of the recommended punishment of the Supreme Court sentencing committee in consideration of the following circumstances: (a) under the unfavorable circumstances: (i) the nature of the instant crime is not easy in light of the method and content of the instant crime; (ii) the victim appears to have suffered from mental and physical pain due to the Defendant’s criminal act; (iii) the victim was committed in the course of committing similar rape with the victim; (iv) the victim was not punished by the victim by the agreement with the victim; and (v) the Defendant did not have the same criminal record; and (v) the Defendant did not have the same criminal record.
B. Considering the circumstances cited by the prosecutor in the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable in light of the aforementioned various sentencing grounds and the elements of sentencing indicated in the instant records and arguments, including the Defendant’s age, family relation, sexual conduct, environment, and circumstances before and after the crime.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.