The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., 10 years of imprisonment) by the lower court is too unfased and unreasonable.

2. Determination

A. As to the part of the defendant's case, the court below found that the defendant and the person requesting a probation order (hereinafter "the defendant") planned robbery and rape by inducing the victim out of his house in an intelligence way, preparing knife and her knife in advance, etc., taking the victim's body during rape, causing extreme sexual humiliation, threatening the victim with a knife and threatening the victim for the purpose of destroying the crime of entering the victim, and then committing a very dangerous and serious form of crime that rape the victim; the victim caused extreme mental shock, fear, sexual humiliation; the defendant tried to be faced with severe punishment to prevent him from leaving the society; the defendant had already been punished by larceny, etc.; the defendant committed the crime of this case in favor of the defendant during the period during which the victim was released from prison; and each of the defendant committed the crime of this case at a disadvantage of the defendant at the latest.

There is no change of circumstances that may change the sentencing of the court below even when the court below has reached the final trial, and considering the various conditions of sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the recommended sentencing guidelines presented by the Supreme Court sentencing committee, it cannot be deemed that the sentence imposed by the court below is too unjustifiable because it is too unreasonable.

(b) When a prosecutor has filed an appeal against a judgment on a defendant case with respect to the part of a request for probation order, Article 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.