The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment imposed by the court below (a year, six months of imprisonment, a period of suspension of execution of a term of two years, a community service for 80 hours, and an order to attend a sexual assault treatment course for 40 hours) is too uneasible and unreasonable.

2. Determination

A. The instant crime, which is acknowledged by the evidence of the judgment on the assertion of unfair sentencing, the rules of evidence, and the legal principles, is acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the fact that the Defendant attempted to rape the victim from the telecom, and that it is not good to commit the instant crime as an attempted crime, and that the victim appears to have caused sexual humiliation due to the instant crime, that the Defendant would have been seen to have caused sexual humiliation, up to the time of the trial, and that the Defendant paid damages to the victim or did not agree with the victim, and the victim wanted to punish the Defendant up to the trial.

However, there is also a favorable sentencing factor or objective and neutral sentencing factor, such as the fact that the Defendant recognized the instant crime, that the Defendant committed the instant crime together with the victim who had been in a past-related relationship, and that it appears that the Defendant committed the instant crime in a contingent manner within the telecom, that the Defendant was the first offender without any previous conviction, that he reported from the victim in terms of the result, and that the instant crime was discontinued, and that the instant crime was committed in an attempted crime and did not inflict injury on the victim.

The above sentencing factors and sentencing guidelines, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background leading to each of the crimes of this case, various circumstances revealed in the arguments, such as the means and consequence of the crimes, circumstances after the crimes, and acts contrary to the purpose of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, but it is not clear that the punishment has to be selected and the suspension of execution is not a type that can not be selected in any case.