The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (three years of suspended sentence for two years of imprisonment, and forty hours of attending sexual assault treatment courses) is too unfford and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case is an unfavorable circumstance to the Defendant, such as: (a) the Defendant, while drinking alcohol at the main place along with the victim and his/her behaviors, she tried to rape the victim while drinking together with the victim and his/her relative friend; (b) the victim resisted against his/her attempted rape; and (c) the victim suffered bodily and mental pain due to the instant crime; (d) the nature and circumstances of the crime are not easy; and (e) the victim appears to have suffered considerable physical and mental pain due to the instant crime; and (e) the victim’s side wants to punish the Defendant.

However, the Defendant is a primary offender, and the Defendant appears to be able to close and reflect his mistake while committing the instant crime. Although it did not reach an agreement with the victim, the Defendant deposited KRW 10 million for the victim although he did not reach an agreement, the Defendant appears to have committed the instant crime in a state of mental disorder caused by drinking alcohol with the victim, and the Defendant appears to have committed the instant crime somewhat contingently, in a state of mental disorder caused by drinking alcohol with the victim. The crime of multiple rape was committed, and the degree of injury inflicted upon the victim was not relatively excessive, and there is a possibility of edification and improvement at the age of the young age of 20 years who currently is going to enter the military, the Defendant appears to have been able to be able to teach and improve the Defendant at the age of 20 years, and all of the sentencing conditions stated in the instant argument, such as character and conduct, environment, family relations, motive, means and consequence of the instant crime, and the lower court, in full view of these two sentencing factors, shall be sentenced to imprisonment with prison labor for up to three years (one year or five years).