The prosecutor's appeal is dismissed.

1. The gist of the reasons for appeal (three years of imprisonment, five years of suspended execution) is too unfunied and unreasonable.

2. The instant crime committed by the Defendant was committed by intrusioning on the restaurant operated by the victim, resulting in rape of the victim, and attempted rape again after four months from that, resulting in the victim’s attempted rape, and resulting in the victim’s injury in the course of the attempted rape.

The victim seems to have suffered a big sexual humiliation and mental impulse.

On the other hand, the defendant is attempting to commit a crime and is against the wrongness.

The defendant paid a reasonable amount of agreement, and the victim does not want the punishment of the defendant.

The basic crime was committed in attempted crimes, and the injury suffered by the victim is not significant.

The Defendant is an initial offender who has no criminal record.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.