The prosecutor's appeal is dismissed.

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the sentence imposed by the court below (three years of imprisonment and four years of suspended execution) is too unfluent and unreasonable.

2. In full view of the following factors: (a) the Defendant did not have a criminal record subject to punishment for a sexual crime other than juvenile protective disposition; (b) the Defendant did not have a criminal record subject to punishment for a sexual crime; (c) the Defendant, under the influence of alcohol at the time of the instant crime; (d) the victim did not want the Defendant’s punishment; and (e) the instant crime committed by rapeing the victim under the age of 16, who was under the influence of alcohol, including the Defendant’s age, character, character, environment, environment, family relationship, motive of the crime, motive of the crime; (e) the means and consequence of the crime; and (e) the recommended sentencing guidelines set by the Supreme Court Sentencing Committee, including the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's argument 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.