Judgment

The defendant has induced the victim to her studio by using the flive wife of the victim, who is a woman of sheshelin's inner organ, in a false manner, and has led the victim to rape by suppressing the victim's resistance against the victim who refuses to complete the sexual intercourse, such as threatening the victim's father/child to blickly commit the crime, and the criminal liability is very heavy in light of the course and method of the crime.

Accordingly, the victim seems to have suffered a big physical pain along with a considerable sense of sexual humiliation.

Such circumstances are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant has no history of punishment heavier than that of a sex crime or fine, that the defendant recognized the crime of this case and reflects his mistake, and that the victim does not want the punishment by agreement with the victim.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and result of the crime, etc., all of the sentencing conditions set forth in the argument of this case, including the circumstances after the crime was committed, and the scope of the recommended sentence and the criteria for the suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, it is not determined that the sentence imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is groundless. It is so ordered as per Disposition.