2. The crime of this case on the ground that it is not good that the Defendant’s responsibility cannot be denied inasmuch as the crime of this case is committed in that it is not good in that the Defendant’s attempt to intrude into a residence and rape with the intent to discover and rape a female discharged from a female in the middle of the heart.

However, if the court below examines the defendant's punishment based on the ruling time based on the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the fact that the defendant acknowledges his mistake and reflects, that the defendant agreed with the victim, the victim expressed his intention not to punish the victim from the first investigation stage, that the defendant committed rape, that the defendant committed the crime of this case by contingency under the influence of alcohol, and that the defendant did not have criminal records other than once fines, and that there was no criminal records other than the fine, etc., the defendant considered the defendant's punishment against the defendant based on the conditions of sentencing as stated in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is too unjustifiable and unfair. Thus, the prosecutor'

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.