The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the sentence imposed by the court below (a prison term of two years and six months, a stay of execution of four years and 80 hours, a lecture course for the treatment of sexual assault and a community service work for 120 hours) is too unfluent and unfair.

Judgment

Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant, who conspireds to rape the victim who had been aware of prior to the time in the room of A and the victim, and then A committed rape once, and attempted to rape, but was committed by the defendant. However, the crime of this case was committed by the defendant. In light of the background, place, method and relationship between the defendant and the victim, etc. of the crime, the crime of this case is very poor and serious, and the defendant denies the crime of this case from the investigative agency to the trial of the party, and the victim appears to have caused considerable mental shock and sexual humiliation.

Meanwhile, the Defendant’s rape crime of this case is favorable to the Defendant, such as: (a) the Defendant’s attempted rape was committed; (b) the victim did not want the Defendant’s punishment upon agreement with the victim; (c) the Defendant was the first offender who has no record of criminal punishment; and (d) the Defendant need to open an opportunity to return to a sound social member at the age of 2

As above, all of the sentencing conditions indicated in the records and theories of this case, such as whether the defendant was disadvantageous or favorable to the defendant, the age, sex and environment, family relation, motive and background of the crime, methods of the crime, circumstances before and after the crime, and equity in the punishment with accomplices, etc., shall be comprehensively taken into account. In addition, the lower court, taking into account such sentencing conditions, has deserted the lower limit of the recommended sentencing range (five to eight years) set forth in the sentencing guidelines, and has escaped from the defendant for 80 hours to undergo the lecture for sexual assault treatment and community service order for 120 hours, thereby suspending the execution of two years and six years.