The prosecutor's appeal is dismissed.

1. The sentencing of the court below is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant in light of the fact that the Defendant, at night, led the victim and attempted to rape and that the crime is not good.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s allegation is without merit. In so doing, the lower court’s punishment cannot be deemed unfair, given that the Defendant’s mistake is too uneasible, and there is no particular criminal conviction in addition to a fine once, and the Defendant’s order to provide community service and attend lectures together with a suspended sentence of imprisonment is imposed.

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