The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the sentencing of the Defendant’s case) that the lower court imposed on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) (such as penalty amounting to KRW 50,000,000 and 40 hours of order to complete the order) is too unfasible and unreasonable.

2. The Defendant committed the instant crime without being aware of the circumstances unfavorable to the judgment on the Defendant’s case - The Defendant committed the instant crime without being aware of, even though he had been sentenced to three years of imprisonment with prison labor for the same kind of crime, who had been

The favorable circumstances - recognized the crime of this case and reflects it.

- The defendant, along with the victim, rhymd the elevator on the first floor of the apartment with the victim and rhyd the victim's quantity, and tried to be fit for the victim's entrance, but the victim's refusal to do so.

In fact, it did not have a dancing because it has been prevented from being placed in place.

The victim was living in five stories, and the defendant went up to 20 stories of his residence.

The instant crime occurred in a very short time when the elevator was founded from the first to the fifth floor.

In light of such circumstances as well as the circumstances before and after the crime, the degree of conduct is weak, and the defendant planned to commit the crime of this case.

No extenuating circumstances are visible.

- The Defendant is making efforts to block the likelihood of recidivism, such as directors after the instant crime.

As the birth of the defendant has taken care of the defendant, the defendant complained of his wife.

- The Defendant was hospitalized in a large amount of mental hospital per month and took drugs for mental treatment after that.

Even if the defendant does not reach the physical and mental state of criminal law, it seems that there is a little degree of challenge to the nethic spirit system.

- The Defendant was detained for a period of four months due to the instant crime.

In addition, the above circumstances and arguments, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.