The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of imprisonment for three years, a stay of execution for four years, a probation for two years, a community service order of 160 hours, an order to attend a sexual assault treatment program of 80 hours, and an order to disclose or notify to the public) imposed by the court below is deemed unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant rapes the victim and inflicts bodily injury on the victim; (b) the defendant was in a position to singing the victim; and (c) the victim was singing out; and (d) the defendant was judged to have been raped by taking advantage of superior social status.

It is a normal situation that is favorable to the defendant, such as the fact that the defendant recognized his mistake, the degree of injury suffered by the victim, the fact that the defendant did not focus on the degree of injury suffered by the victim, the fact that the defendant agreed with the victim and the victim did not want to punish the defendant, the victim's expression of intention not to punish the defendant is forced by another person or that the victim does not seem to have been aware of the meaning thereof, and the victim submitted a written application for coal that the defendant wants to be the wife in this court, there is no record of criminal history or imprisonment with prison labor or heavier punishment for the defendant, and the defendant seems to have faithfully lead a social life by singing.

In addition, where the result of bodily harm occurs to a defendant's age, criminal record, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., and the sentencing criteria [the sentencing criteria] for the crime of rape and bodily harm caused by rape in accordance with the sentencing guidelines set by the Sentencing Committee of the Supreme Court, the range of recommended sentences according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court and the criteria for suspended sentence.