The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (a prison term of three years and six months) is too unfased and unreasonable.

2. The crime of this case, which is recognized by evidence, evidence, evidence, and legal principles (at the time, the defendant was deemed to have known that the victim was a mentally disabled person, the fact that the victim was forced to have a legal meaning is also recognized, and the judgment of the court below is not erroneous in the misapprehension of legal principles) is acknowledged. The crime of this case is deemed to have committed rape by the defendant, and the victim suffered mental or physical pain due to the crime of this case, and the crime of this case is deemed to have suffered from considerable mental or physical pain. The crime of this case is deemed to have been committed at least 3 years and 6 months, even if the lower limit of the statutory punishment was sentenced to imprisonment for 7 years or more, so it is difficult to sentence a suspended sentence of law

On the other hand, there are also favorable factors of sentencing or objective and neutral factors of sentencing, such as the confession of the defendant, the fact that the defendant is seriously against the defendant, the fact that the defendant agreed with the victim, and the fact that the defendant has no record of criminal punishment.

In full view of the aforementioned factors of sentencing, the statutory punishment (a life imprisonment, a limited term of not less than seven years) and applicable sentences for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) and applicable sentences, the sentencing cases of similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the court below cannot be deemed to be light enough

Therefore, prosecutor's assertion is without merit.

[Basic Grounds for Determinations on the Aggravated Punishment] - Sexual Crime Group, General Criteria, Sex Offenses against Persons with Disabilities (At least 13 years of age), Types 4 (Rape), Non-Rape of Punishment, etc.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.