The prosecutor's appeal is dismissed.

1. Summary of the prosecutor's grounds for appeal;

A. Of the facts charged in this case, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Road Traffic (Aggravated Punishment, etc.) are committed during the period of repeated crimes, and considering the records of the crime of rape and the records of the crime before and after the period of repeated crimes, the court below, despite the absence of any circumstance to choose a fine for the crime during the period of repeated crimes, decided to impose a fine for the crime during the period of repeated crimes, and sentenced the suspension of execution for the crime of rape, which is a crime after the period of repeated crimes. However, it should be sentenced to one punishment as concurrent crime

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment for a term of two years and six months’ imprisonment, and a fine of ten million won) is too uneased and unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, repeated crime (A) refers to ① a punishment of imprisonment without prison labor or a heavier punishment, which is to be committed within three years after the completion of or exemption from the execution of the punishment, and (b) a crime equivalent to or greater than imprisonment without prison labor is a limited term or limited imprisonment without prison labor, and thus, it does not constitute a repeated crime (see, e.g., Supreme Court Decisions 82Do1018, Jul. 27, 1982; 95Do1637, Apr. 11, 197; 95Do1637, Apr. 11, 197). In other words, this refers to a repeated crime, which is not limited to a limited term or limited imprisonment without prison labor, but can be committed only when a limited term or limited imprisonment without prison labor has been selected. As such, the lower court’s judgment is a repeated crime, which is a crime of this case, and thus, constitutes a violation of the Aggravated Punishment Act.