The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The court below's punishment against the defendant (two years of imprisonment, three years of suspended execution, and forty hours of attendance order for sexual assault treatment) is too unhued and unreasonable.

Judgment

The crime of this case was committed through the entrance in which the defendant was not corrected as a locking device, and then found the victim under the influence of alcohol, and attempted to engage in sexual intercourse by using the victim's state of non-performance to resist, and the nature of the crime is not good.

However, in full view of all the circumstances surrounding the records and arguments, including the following: (a) the Defendant, who was a university student of the early 20th century, she was accommodated in her natives and inn and her to drink drinking water; (b) appears to have come into the victim’s guest room to block the crime of this case by entering the victim’s room; (c) rape was committed; (d) rape was committed; (e) the Defendant was b5 million won; and (e) the victim was paid 25 million won to the victim and the victim did not want to be punished by the Defendant; and (e) there was no criminal record of the same kind of crime, the Defendant’s punishment against the Defendant cannot be deemed unfair because the lower court’s punishment is too unfeasible.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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