강간미수
The prosecutor's appeal is dismissed.
1. On April 12, 2019, the Defendant submitted a petition of appeal on April 12, 2019, and asserted mistake of facts and unreasonable sentencing through his/her defense counsel as grounds for appeal (the grounds for appeal as of May 13, 2019), but submitted a written withdrawal of appeal on July 10, 2019, and stated that the appeal was withdrawn even on the second trial date of this court.
The punishment sentenced by the court below (one year and six months of imprisonment, 3 years of probation, 40 hours of lecture, 120 hours of community service order) is too unfluent and unfair.
2. The Defendant’s judgment on the assertion of unfair sentencing by the public prosecutor is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant attempted to engage in rape with the victim by drinking alcohol in his singing room operated by the victim as a customer; and (b) the victim escaped and attempted to commit the instant crime; (c) the victim appears to have suffered considerable sexual humiliation and mental pain by committing the instant crime; and (d) the Defendant committed the crime resulting from rape against the helper in singing room around 207, and (e) the Defendant had been sentenced to a suspended sentence of three years and six months on April 11, 2008.
However, the crime of this case is a circumstance favorable to the defendant, such as: (a) the victim's attempt to commit the crime of this case is deemed to have been attempted by the wind; (b) the defendant has no criminal power other than the past ten years; (c) the defendant did not agree with the victim; (d) although the defendant did not want to be punished by the victim, the victim expressed that he did not want to be present at the court below as a witness; and (e) the defendant denied the crime at the court below but withdraws appeal for the first time.
The sentencing of the court below seems to have been determined appropriately by fully considering the above various circumstances.
In addition, the defendant's age, character and conduct, environment, family relationship, circumstances and results of the crime, and circumstances after the crime are revealed.