The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

. against the Defendant.

1. The lower court’s sentencing (three years of imprisonment) against the Defendant and the person for whom the attachment order is requested and the person for whom the probation order is requested (hereinafter “defendants”) is deemed unreasonable.

2. When the judgment prosecutor files an appeal against the accused case, it is deemed that an appeal has been filed regarding the attachment order case and the probation order case pursuant to Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the prosecutor’s grounds for appeal or petition of appeal does not contain any statement in the grounds for appeal or petition of appeal, and the reasons for reversal

There is a reason to consider the defendant in favor of sentencing, such as the confession of the crime of this case and the fact that the crime was committed in the attempted crime.

However, the crime of this case is committed against the unspecified women who are not inside the new wall by the defendant, and they are forced to commit rape in the parking lot of the studio 1st floor adjacent to the road, and the victim tried to rape while resisting her part, and resisting the victim's perfect resistance, and thus, the crime is very bad (the victim was relieved of her entirety). The defendant has already been punished two times as suspension of the execution of imprisonment with prison labor due to sexual assault, one time as a sentence, etc. In particular, the defendant again committed the crime of this case during the period following the completion of the execution of imprisonment with prison labor for the same kind of crime on September 16, 2012, and then again committed the crime of this case during the period of repeated crime after the completion of the execution of the sentence, and the victim did not take measures to recover from damage to the victim. Considering the above, the sentencing of the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal on the part of the defendant's case among the judgment below is with merit, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading, and the attachment order case among the judgment below