The Prosecutor’s appeal is dismissed,

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (three years of suspended execution in two years and six months, and eight hours of attending a sexual assault treatment course) is too uneasy and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case was committed by the victim, who is his wife, by taking advantage of the gap in which the victim was divingd in his residence. The crime of this case is committed in light of the details and contents of the crime, and the relationship with the victim, etc., the nature and circumstances of the crime are very poor and heavy, and the victim appears to have caused considerable mental impulse and sexual humiliation.

On the other hand, the fact that the defendant is provoking in depth while committing the crime of this case, that the defendant and the victim do not want the punishment for the defendant, that the defendant does not have any record of punishment for the crime of this case, that there is no specific penalty power in addition to the punishment for the crime of this paper, and that the defendant seems to have reached the crime of this case somewhat contingent and impulsely.

As above, considering the motive and background of the crime of this case, results, the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, and family relation, as a whole, various sentencing conditions as shown in the arguments of this case, such as the defendant, are considered. In addition, considering these sentencing conditions, the court below appears to have sentenced the sentencing guidelines within the scope of the recommended sentence [one year and six months from June to three years, sex crimes, general standards, rape (subject to the age of 13), Type 1, type 1 (general rape), mitigation area (non-permanent rape), three years of suspension of execution in two years and six months, and there is no special circumstance or circumstance to change the sentence of the court below at the trial, and the defendant's discipline of sexual assault for 80 hours.