The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in one year and six months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is not a good crime that the Defendant committed similar rape by taking the victim under the influence of alcohol into his/her residence and inflicted bodily injury on the victim who broken down his/her lock, and the crime of this case seems to have been serious sexual humiliation and the destruction of the victim’s sexual humiliation due to the crime of this case, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the victim expresses his/her intention not to punish the defendant, that the defendant is against all the criminal facts recognized, that the defendant has no particular criminal power, and that there seems to be clear that the social relationship of the defendant seems to be obvious in addition to the punishment before several times of fine, etc. are favorable to the defendant.

In addition, the defendant's age, character and conduct, the environment, the motive and background of the crime of this case, the means and consequence thereof, the circumstances after the crime, etc., and the application of sentencing guidelines within the scope of recommended sentences of the Supreme Court Sentencing Committee.

(a) Basic crimes: Quasi-similar rape crimes (determination of types), general standards, rape crimes (subject to 13 years of age or older), Type 1 (Special Rape) [The scope of determination of the recommended area and the balancing of recommendations] mitigation area, one year to two years (the quasi-Rape of sex shall be included in Type 1, but the upper and lower limits of the scope of sentence shall be reduced to 2/3);

(b) Concurrent Crimes: Extent of injury (determination of types of punishment), category 1 (General Bodily Injury) of general bodily injury, minor bodily injury, non-conformity with punishment (limited to the determination of the recommended area and the scope of sentence for recommendation), special mitigation area, one month to one year from imprisonment;

C. Many crime processing standards [the scope of punishment for total crimes] The standards for multiple crime processing among crimes for which sentencing guidelines are set from one year to two years, are set. The standards for multiple crimes for concurrent crimes under the former part of Article 37 of the Criminal Act are set.