All appeals filed by the defendant and prosecutor are dismissed.

1. The summary of the grounds for appeal by the defendant is too unreasonable because the sentence of the court below is too unreasonable, and the prosecutor's grounds for appeal are too uneasible to the sentence of the court below.

2. The crime of this case is highly poor that the victim, who was in internal relations, was suspected of having sexual intercourse with another male, attempted to rape and commit similar rape, thereby injuring the victim, and assaulting the victim with a deadly weapon.

Since the crime of this case was caused by the virtual and dynamic infringement, it seems that the mental and physical suffering suffered by the victim was very serious.

On the other hand, there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant shows a strong attitude against his mistake, that the victim does not want to be punished against the defendant, and that the defendant has no record of being punished for sexual crimes or of being punished exceeding the fine prior to the crime of this case.

On the other hand, the defendant's defense counsel voluntarily surrendered and argued that this constitutes grounds for legal reduction and exemption.

A self-denunciation under Article 52(1) of the Criminal Act is established when an offender voluntarily reports his/her criminal facts to an investigative agency and expresses his/her intent to seek prosecution. Even if a report is voluntarily filed by an investigative agency, if the content of the report is to clearly deny the crime and is a fact that does not meet the requirements for establishment of a crime, the self-denunciation is not established. As long as the number of self-denunciation is not established, even if the crime was committed in the course of investigation or trial thereafter, there is no room

(see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). The lower court is legitimate.