A. The sentence of the lower court (two years and six months of imprisonment, and three years of suspended execution) that is unfair as it is too unfasible.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information, even though it is necessary to notify the Defendant of the risk of re-offending due to the fact that the Defendant’s behavior was serious and the Defendant’s behavior control was insufficient.

Judgment

A. The crime of this case with respect to the determination of an unfair assertion of sentencing is not a crime committed by the Defendant in the course of attempted rape of a victim who had been in a past-related relationship, and the crime committed an injury to the victim. The fact that the Defendant did not receive a letter from the injured party is disadvantageous to the Defendant.

On the other hand, the defendant confessions the crime of this case and acknowledges his mistake, there is no previous conviction, the injury suffered by the victim is relatively heavy, and the victim bears a liability exceeding KRW 20 million by borrowing money from the defendant and using a credit card loan in the name of the defendant, etc., and the defendant drinking alcohol and urged the victim to change it, and there are circumstances that may be considered in the process of the crime of this case contingently, and the defendant expresses his intention to waive all of the claims held by the victim and not to exercise any claim against the future victim.

“The waiver of a claim and the submission of a written oath to the court of the first instance” are favorable to the Defendant.

As above, the records of this case and various sentencing factors, such as character, environment, family relationship, health status, motive and background of the crime, means and consequence, etc., are different from the sentencing factors unfavorable or favorable to the defendant.