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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court is too unreasonable because the sentencing of the Defendant (unfair sentencing) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) Although there is no special circumstance that the court below did not issue an order to disclose information to the defendant, it is unfair that the court below did not issue an order to disclose information to the defendant, even though the court below did not notify the
3) Although there is no special reason to restrict the employment of the Defendant who was unreasonably exempt from employment restriction orders, the lower court’s failure to issue an employment restriction order to the Defendant is unreasonable.
2. It is recognized that the instant crime committed by the Defendant and the Prosecutor with respect to the wrongful determination of the sentencing of each of the instant offenses was committed by the Defendant and the Prosecutor, which led to the Defendant’s attempted attempts to suppress the victim’s resistance and rape, and that the nature of the relevant crime is not less severe, and the victim appears to have suffered considerable mental shock and pain due to the instant crime.
However, considering the fact that the defendant acknowledges the crime of this case, the mistake is divided, and against the defendant, the defendant seems to have no record of the crime subject to punishment prior to the crime of this case, the defendant appears to have no record of the crime before the crime of this case, the injured party in agreement with the victim in the trial, and the crime of this case is committed in attempted crime, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime of this case, etc., the defendant's age, motive, means and result of the crime of this case, etc., even if considering all the circumstances asserted by the prosecutor in the trial of this case, it is difficult to view that the sentence of the court below is unfair because it is too uneas
Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is without merit.
3. In conclusion, the defendant's appeal is reasonable, and the prosecutor's remaining arguments are omitted.