The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the part of the defendant’s case for which the request for attachment order was filed, and the part of the case for which the request for attachment order was filed was appealed only by the defendant, and thus, the court below excluded the part for which the request for attachment order was filed from the scope of the judgment of this court, notwithstanding Article 9(8) of the Act on Probation and Location Monitoring

2. Summary of grounds for appeal;

A. In light of the legal principles, there was no circumstance that the defendant would obstruct the completion of the crime, and the victim resisted and explicitly expressed his intention of refusal, the defendant's act constitutes an attempted suspension because the defendant confirmed the victim's intention and temporarily suspended the crime.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

3. Determination

A. In a case where the commission of a crime to determine the misapprehension of the legal principles is commenced and the commission of a crime is suspended according to his/her own free will before the crime is completed, and the suspension is not caused by circumstances that obstruct the completion of the crime under the general social norms, it constitutes an attempted suspension.

However, according to the evidence duly adopted and examined by the court below, the defendant was forced to cover the body of the victim on the top of passenger car operation, and forced to leave the victim's will and panty, and inserted the defendant's sexual organ into the body of the victim's sexual organ in the victim's sexual organ, and it can be recognized that the defendant suspended the crime because the victim gets sound, surll, and knife the defendant's head, etc.

It is more reasonable to regard the suspension of a crime as a reason that may obstruct the completion of a crime in social norms, rather than to do so, and when the defendant uses more strong assault.