The prosecutor's appeal is dismissed.

1. The sentencing of the court below is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant in light of the fact that the Defendant rapeed the elderly victim and caused injury to the elderly victim and the nature of the crime is not good.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant does not have the same criminal record; (c) the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor; (d) the Defendant agreed with the victim; and (c) the Defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unreasonable.

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.