The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five years of suspended sentence for imprisonment with labor for three years) is too unhutiled and unfair.

2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principle is recognized when the defendant knew that the victim was living alone while performing the victim's collection test, and the crime of this case was committed by intrusion on the victim's house and rape on the new wall, and the crime is not sufficient to be committed, and there is an objective and neutral element of sentencing.

However, a favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the fact that the defendant has no history of criminal punishment, although the defendant was judged to the degree of mental disorder, it appears to have reached the crime of this case in a contingent impulse with the state of drinking, that the defendant recognized his mistake and reflects his depth after the occurrence of the case, that the defendant agreed with the victim smoothly after the occurrence of the case, and the victim wanted to support the defendant, that there is a child with whom the defendant should support, and that there is clear relationship between the wife and his family.

The above factors of sentencing and sentencing, sentencing guidelines, age, health status, character and conduct, intelligence and environment of the defendant, motive and background of the crime of this case, the means and consequence of the crime, circumstances after the crime, etc., various circumstances revealed in the arguments, including the following circumstances: statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a life imprisonment or imprisonment with prison labor for not less than five years) (a life imprisonment or for not less than five years), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (a period of three years to five years), and the special Act on the Punishment, etc. of Sexual Crimes (a period of five years to six months), are not clear, and the suspended sentence is not a type that can not be selected in any case.