Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The instant crime is an unfavorable circumstance to the Defendant, inasmuch as the instant crime was committed by forcing the victim, who was on the way of the Defendant to commit rape by force, and was inflicted an injury by assaulting the victim in the process, and the nature of the crime is very poor, and the method of committing the instant crime is also interview and dangerous, and the victim appears to have suffered a large amount of mental or physical shock due to the instant crime.

On the other hand, there are no other criminal records except that the defendant has been sentenced once to a fine due to the crime of injury, the crime of rape of the defendant does not reach the number of times, and deposit KRW 15 million for the victim.

Considering such circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to each of the instant crimes, methods and results of the instant crimes, etc., various sentencing conditions as shown in the argument of the Supreme Court, and sentencing guidelines for the enactment of the Sentencing Committee, etc., the lower court’s punishment cannot be deemed to be adequate, too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.