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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
Reasons
1. On the summary of the grounds for appeal, the court below's sentence (one and half years of imprisonment, 40 hours of order to complete the course) against the defendant, the defendant asserts that the defendant is too unreasonable because it is too unfasible, and that the prosecutor is too unfasible and unfair, and the prosecutor asserts that the exemption of the defendant from the disclosure and notification order to the public prosecutor is also unfair.
2. The crime of this case is very poor in the nature of the crime of this case where the defendant attempted to rape the victim, who was returning home to the court during the night hours, following the attempted rape.
If the victim was not the victim's restraint, the risk of serious consequences may not be ruled out if he was not the victim's restraint.
In this case, the victim is suffering from a big mental shock and suffers from a post-treatment such as mental therapy.
However, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant has already agreed to pay a considerable amount of money to the victim in the trial of the party, the confession of the crime, the fact that the defendant has committed a mistake in depth to the extent that he attempted suicide due to the sense of the crime, the fact that the defendant's family members, workplace club members, etc., are in a relatively sound and sound relationship with the defendant's family members, workplace club members, etc., and the support system is maintaining a relatively sound relationship with the defendant's family members, workplace club members, etc., and there are no other criminal records in addition to the suspension of indictment twice.
In full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, relationship of criminal records, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair because the defendant's punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion in this regard is with merit and without merit.
3. According to the conclusion, the Defendant’s appeal is reasonable, and thus, the prosecutor’s order to disclose and notify is exempted.