The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (such as imprisonment and imprisonment for a period of three years and six months) is undue.

2. The instant crime committed was committed by the Defendant, in the latter’s residence, attempted to rape the victim in the latter’s residence, and the victim was injured during the latter’s attempted rape.

The victim suffered a considerable sense of sexual humiliation and mental impulse due to the crime of this case.

In light of the background and method of the instant crime, degree of damage to the victim, etc., the nature and circumstance of the instant crime cannot be deemed rice.

However, from the beginning, the Defendant recognized the crime of this case in a net manner and runs counter to its depth.

There is no history of punishment for sex offense against the accused.

The crime of rape in this case was committed during the attempted crime, and the degree of injury suffered by the victim is not much serious.

In addition, considering the Defendant’s age, occupation, character and conduct, environment, motive, means, consequence, etc. of the instant crime, various sentencing conditions as shown in the instant records and arguments, and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the lower court cannot be deemed to be unfair because it is too appropriate and too unreasonable.

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