The prosecutor's appeal is dismissed.

The gist of the grounds for appeal by the prosecutor is that the sentence of the court below against the defendant (one hundred months of imprisonment and two years of suspended execution) is too unfasible, considering the fact that the nature of the crime of this case is poor and that the defendant does not voluntarily stop the crime of this case.

Therefore, the crime of this case is deemed to have been committed by the Defendant, who attempted to rape the victim, and the nature of the crime is not weak, and thus, the sexual humiliation and mental impulse that the victim suffered. However, considering the fact that the Defendant led to the confession of the crime of this case by the victim, that the victim does not want the punishment of the Defendant, that the victim does not want to have any particular criminal conviction in addition to once of the fine, and that there was no special criminal conviction in addition to once of the fine, and all other conditions of sentencing as prescribed in Article 51 of the Criminal Act, it does not seem that the sentence imposed by the court below is too unfilled and the sentencing of the court below is exceeded its discretionary power.

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