The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, five years of suspended execution, etc.) is too unhued and unreasonable.

B. The lower court’s judgment dismissing a request for probation order on the ground that the dismissal of the probation order is unfair and the risk of recidivism is recognized to the accused and the person requesting probation order (hereinafter “defendant”).

2. Determination

A. The Defendant’s crime of this case in the part of the Defendant case is a rape after suppressing the victim’s resistance, and causing the victim’s bodily injury during which the crime was committed, and the nature and circumstances of the crime are heavy.

The victim seems to have suffered a considerable physical or mental pain due to the instant crime, and have caused a sense of sexual humiliation.

However, the defendant recognized the crime of this case and divided it in depth.

There is no criminal conviction against the defendant in addition to a fine related to drinking driving once.

It seems that the injury suffered by the victim is not very serious.

The defendant receives a letter from the victim and does not want to punish the defendant.

It is clear that social ties, such as where the family members and branch members of the defendant want to leave the ship.

In addition, in full view of the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, etc., the sentence sentenced by the lower court cannot be deemed to be unfair because it is too appropriate and too unreasonable

This part of the prosecutor's argument is without merit.

B. Article 21-8 and Article 9(4)4 of the Act on the Electronic Monitoring, etc. of Electronic Devices provides that a request for probation order shall be dismissed by judgment when a suspended sentence or suspended sentence is rendered with respect to a specific crime case in which the probation order is sought.

As seen earlier, the court of the first instance shall suspend the execution sentenced by the court below for the accused case.