The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (three years of imprisonment, five years of suspended execution) is too unfluent and unfair.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant rapes the victim who is a minor and inflicted bodily or mental harm on the part of his or her wife, malute, etc. during the process, and the fact that the crime of this case seems to have suffered significant physical or mental harm.

However, on December 10, 2014, the defendant has recognized all of the crimes of this case and has no record of criminal punishment, and the defendant is expected to improve his personality and behavior as a juvenile under 17 years of age at the time of the crime of this case, and the victim has prepared an agreement that he does not want to punish the defendant on December 10, 2014 (the victim may express his wish not to punish the defendant as long as the victim has mental capacity, and it does not require the consent of his legal representative (see Supreme Court en banc Decision 2009Do6058, Nov. 19, 209). At the time of the preparation of the above agreement, the victim stated the content of damage without the legal representative's participation in the investigative agency and prepared a written statement, and there is no possibility that the victim does not want to independently express his wish to punish the defendant, and there is no other evidence that can be invalid in light of the fact that the victim expressed his wish to punish the telephone of the investigative agency alone.

In full view of all other circumstances, such as the character, conduct, environment, family relationship, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the sentence imposed by the court below against the defendant is uneasible.