준강간미수등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: The punishment of the lower court’s unfair sentence (two years of imprisonment, three years of suspended sentence) and the incidental disposition ( forty hours of lectures for the treatment of sexual assault, one hundred and twenty hours of community service) are deemed to be too uneasy and unreasonable.
2. Since new sentencing data was not submitted in the appellate court’s judgment, the sentencing conditions are different depending on the comparison with the original judgment.
Although the defendant has committed each of the crimes of this case, he/she has committed a very close to the victim as his/her own sex, he/she has committed a serious violation of his/her own mistake, and has continuously presented measures that he/she can perform in reality to recover mental and material damage to the victim.
In full view of all the reasons for sentencing revealed in the proceedings of the instant case including these circumstances, the lower court’s sentence is not deemed to be too somewhat weak to the extent that the court’s reasonable discretion was exceeded.
Therefore, it is difficult to accept the prosecutor's argument.
3. The appeal by the prosecutor of conclusion is dismissed on the ground that it is without merit.