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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant's punishment (two years and six months of imprisonment) sentenced by the court below against the defendant is too unreasonable, and that the prosecutor is improper because the sentence sentenced by the court below against the defendant is too uneasible.
2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant led to the confession of the crime and reflects the wrongness from the court below, that the defendant committed the crime of this case in a state of under the influence of alcohol, and that the defendant did not receive the care after the parent's divorce, and
On the other hand, in this case, the defendant committed rape against a juvenile under 17 years of age, and the nature of the crime is heavy, and the victim seems to have suffered a great sense of sexual humiliation, and the defendant did not receive the victim's statement until the court is just, etc. are disadvantageous to the defendant.
In addition, considering the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances after the crime, etc., and the general criteria for sentencing guidelines of the Sentencing Commission, the range of recommended sentences [decision of punishment] according to the defendant's sentencing [including juvenile rape / similar rape (including deceptive means, deception / similar rape)] / [the scope of recommended sentence] 5 years and 8 years [the scope of recommended sentence] / 2 years and 6 months [the scope of sentenced sentence under law] - 15 years and 2 years and 6 months, and 15 years, it is difficult to view that the court below's sentence against the defendant is too heavy. Thus, the defendant's assertion is without merit, while the court below's sentence deviates from the lower limit of recommended sentences according to the sentencing guidelines, it cannot be viewed that the sentence has been unfair until the sentence has been sentenced.
3. As such, the appeal by the defendant and the prosecutor is without merit.