The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and four years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. As to the assertion of unfair sentencing, the instant crime is likely to be subject to considerable criticism that the attempted rape of the pregnant woman, and the victim was injured in the course of the attempted rape.

The victim seems to have suffered considerable mental pain due to the instant case.

On the other hand, there are extenuating circumstances such as the fact that rape, which is a basic crime, has committed rape, and the injury of the victim is relatively not more severe, the defendant has agreed with the victim, that the victim is the wife of the defendant, and that the defendant has a depth of and reflects his mistake.

In addition, considering the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances leading to the crime of this case, the method and consequence of the crime, various sentencing conditions shown in the arguments of this case, such as the defendant's age, criminal records, personality and conduct, criminal records, family relationship, the method and consequence of the crime, the sentencing guidelines of the Sentencing Committee of the Supreme Court (where the result of sexual crimes, sexual crimes, injury and injury, 13 years or older, 2 years or more and 5 years from June to 5 years in the area of mitigation of types 2 (general rape)) and the criteria for suspension of execution (in the case where the result of injury occurred, 1 years or more in the case where the principal positive factors are committed, 2 years in the case where the basic crime was committed, 3 years in the absence of criminal records or more in the form of attempted crimes, 3 years in the form of contingent crimes, etc.), the sentence of the court below may be determined within the scope of the recommended sentence of the sentencing guidelines, and it can be acknowledged as inappropriate.

Therefore, the prosecutor's argument of unfair sentencing is justified.