The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is serious that the defendant committed rape and stolen the money of the victim by threatening the victim due to a shouldered so that the crime of this case is serious.

Even before the instant case, even though the Defendant had been punished several times by committing a sexual crime, he again committed the instant crime.

On the other hand, there are circumstances to consider the fact that the defendant shows a strong attitude of reflection against his mistake after the crime of this case, and that the defendant's health status is not good.

In full view of the following circumstances, including these circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines, the sentence imposed by the lower court is deemed to be appropriate for the corresponding liability.

Therefore, the prosecutor's assertion that the sentence of the court below is too unjustifiable is unreasonable is without merit.

On the other hand, the prosecutor filed an appeal against the part of the claim for attachment order by stating the scope of objection (the scope of appeal) in the petition of appeal as “total”.

However, there is no indication of the grounds for appeal concerning this part in the petition of appeal or the grounds for appeal submitted by the public prosecutor, and even if examining the judgment below, there is no reason to investigate and reverse the part ex officio.

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