The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is highly likely to be subject to criticism in light of the method, etc. of the crime, since the defendant intrudes upon the victim's residence, steals money and valuables, and went to rape.

On the other hand, there are extenuating circumstances such as the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, that the defendant repents and reflects his mistake in depth, that the defendant did not have any history of punishment for the same kind of crime, that the defendant was faithfully living and was living a company in good faith before the crime of this case is committed, and that the family and branch members of the defendant want the defendant's preference against the defendant.

In addition, various sentencing conditions shown in the arguments in this case, such as the defendant's age, criminal records, character and conduct, environment, family relationship, etc., the scope of recommended sentences [the general criteria, the crimes of sex, the crimes of rape (subject to the age of 13 or more), the crimes of rape (subject to the age of 13 or more), the crimes of imprisonment with prison labor of three to five years and six months] according to the sentencing guidelines of the Sentencing Committee and the standards for suspension of execution (main positive factors: ① there is no penalty in force; ② there is no criminal conviction or heavier punishment for the reason that general positive factors; ② social relation is clear; ③ serious anti-discrimination relationship between the court below and the reasons that are determined within the scope of the recommended sentencing guidelines and considered within the scope of the proper punishment according to the standards for suspension of execution. Thus, it is not recognized that the punishment of the defendant belongs to the proper scope of punishment according to the

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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