The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this shall not apply.

1. The summary of the grounds for appeal and the person against whom the attachment order is requested (hereinafter “defendants”) asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too uneasible and unfair.

2. Determination

A. The part of the defendant's case (each of the allegation of unfair sentencing) committed rape against the victim who is merely 16 years of age even though the victim's male-parent body was divingd next to the victim. In light of the course and method of the crime in this case, relationship with the victim, etc., the nature of the crime is not good.

The victim seems to have suffered considerable sexual humiliation and mental shock due to the crime of this case.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows the form of recognizing the whole crime of this case and reflecting it in this court.

In this court, the defendant paid considerable damages to the victim and agreed with the victim smoothly, and the victim was no longer punished.

The Defendant is an initial offender who has no criminal record.

Such circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of the recommended sentencing guidelines, such as the circumstances after the crime, etc. of this case, the sentencing of the court below is considered to be too unreasonable.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

B. The part of the request for attachment order is deemed to have filed an appeal regarding the request for attachment order under Article 9(8) of the Act on the Electronic Monitoring, Etc., insofar as the prosecutor filed an appeal against the prosecuted case. However, the petition of appeal and the statement of grounds of appeal submitted by the prosecutor are not stated in the grounds of appeal regarding the request for attachment order, and the record is examined.