The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (five years of imprisonment with prison labor for a term of three years) of the lower court is deemed to be too unhued and unreasonable.

2. In that the Defendant: (a) intending to have the victim first returned from his/her knife in his/her knife club and take the knife of his/her body back to his/her four-way paths; and (b) imprisoned his/her resistance by suppressing him/her; and (c) suffered rape and injury during that course, the nature of the crime is not good

Furthermore, it is difficult to see that the victim was raped by the end of the time when the victim was swekeed from a male with an string at a place where it is impossible to request any rescue, such as whether the victim would be able to sweak or die.

This is disadvantageous to the defendant.

However, considering the following as a whole: (a) the Defendant led to the instant crime; (b) the injury suffered by the victim was not so large; (c) the Defendant agreed to pay the victim KRW 10 million to the victim during the investigation process; and (d) the fact that there was no record of having been sentenced to a penalty exceeding the fine as well as the past record of the criminal punishment for the same crime; and (c) other circumstances indicated in the instant argument, including the Defendant’s age, character and conduct, family relationship, environment, and circumstances after the crime; and (d) the recommended form of the Sentencing Commission by the Sentencing Committee (two years and six months to five years), the lower court’s sentence is too unjustifiable.

Therefore, the prosecutor's above assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.