The prosecutor's appeal is dismissed.

1. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (three years of imprisonment, four years of suspended sentence, two years of observation of protection, and forty hours of taking a course of sexual assault treatment) is too unfluent and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case is a situation unfavorable to the Defendant, such as: (a) the Defendant found in the place of residence of a victim who was in a de facto marital relationship in the past and raped the victim; (b) threatened the victim with a deadly weapon; and (c) took cash, etc. by assaulting the victim with a deadly weapon; (d) in light of the content of the crime and the method of the crime; (b) the crime of this case appears to have been physically and mentally shocked by the victim; and (c) the Defendant committed the instant crime even before, even though there was a history of punishment by inflicting injury on the victim.

On the other hand, the defendant and the victim have been actually living for not less than 10 years, the degree of injury suffered by the victim due to the crime of this case is relatively excessive, and all the money and valuables taken by the defendant were returned to the victim, the defendant agreed with the victim, and the victim did not want the punishment against the defendant, and the defendant submitted a written application for a written application seeking the defendant's preference in the trial. While the defendant denied the crime at the court below, it appears that the defendant recognized the facts of the crime but there was no same power, etc., which are favorable to the defendant.

As above, the court below comprehensively takes into account all the factors of sentencing, such as the defendant's age, sex, criminal conduct and environment, family relation, motive and background of the crime, method of crime and circumstances before and after the crime, etc., which are disadvantageous to or favorable to the defendant, and determined in the sentencing guidelines by taking into account these factors of sentencing.