The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (7 million won of a fine) declared by the court below against the defendant is too unfilled.

2. The extent of the assault inflicted on the victim who is a fluent woman by the judgment of the defendant does not correspond to that of the brush and thus could have been affected by the result of the serious bodily harm, and the victim who actually reached the brush is confined to the crime of cutting off the victim into the vehicle, and there is a very unfavorable condition to the defendant.

However, in light of the fact that the defendant was trying to have sexual intercourse with the victim by forcing the victim to take advantage of the fact that the assault of this case was not aimed at rape or sexual intercourse, but rather was an contingent act arising from the victim's behavior that he did not have sexual intercourse with the victim, it appears that the assault of this case was committed by the defendant. At the end, the dialogue between the defendant's responsibility and the victim's opinion and seeking agreement during most hours among the crimes under confinement with the victim for the purpose of solving the situation, such as the victim's speech and communication for the purpose of solving the situation, such as the victim's opinion and the victim's opinion and agreement, the victim also received the same defense of the nature of the assault at the time, and did not want punishment with the defendant. The defendant did not want punishment with any criminal force prior to the crime of this case, and it was divided by the truth and against the crime of this case, and other circumstances favorable to the defendant, such as motive and circumstance leading the defendant to the crime of this case, age before and after the crime of this case, occupation and circumstances, etc.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

Article 25 of the Regulations on Criminal Procedure.