The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

1. The court below rendered a judgment dismissing a prosecutor’s request regarding a prosecuted case and a request for probation order.

Notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal as to the part of the claim for probation order as the Defendant appealed only, this part is excluded from the scope of the trial of this court (see, e.g., Supreme Court Decision 82Do2823, 82Ga611, Jan. 18, 1983). 2. The summary of the grounds for appeal is that the court below sentenced to imprisonment (limited to two years and six months, completion of sexual assault treatment programs, 80 hours, institutions related to children and juveniles, etc., and 3 years restricted to employment of welfare facilities for disabled persons).

3. The crime of this case is found to have been committed by the defendant while breathing the victim who was booming and pottering, and attempted to be rape by force, and the nature and circumstances of the crime are heavy.

Due to the Defendant’s crime, the victim seems to have suffered considerable mental impulse and sexual humiliation.

However, the Defendant recognized the instant crime for the first time, and went against the wrongness, and subsequently, the Defendant committed the instant crime against the attempted crime.

When the defendant is in the trial, the victim does not want to be punished against the defendant in consultation with the victim.

The defendant has no history of criminal punishment before committing the crime of this case, and his mother and her mother have repeated her wife against the defendant, etc. is clear.

In addition, in full view of the circumstances shown in the records and arguments of this case, such as the age, occupation, character and conduct, environment, economic situation, motive and background of the crime, and circumstances before and after the crime, the sentence imposed by the court below is too unreasonable.

4. Thus, the defendant's appeal is justified.