The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The sentence (two years of imprisonment and three years of suspended execution) imposed by the lower court on the Defendant and the requester for probation order (hereinafter “Defendant”) is too unjustifiable and unreasonable.

B. It is improper for the court below to dismiss the request for probation order even if the defendant's dismissal of the request for probation order is recognized as a risk of recidivism.

2. Determination

A. As to the assertion of unfair sentencing, the instant crime is intended to rape the victim who was locked by intrusion upon the victim’s room, who is the spouse of the victim’s own relative, and thus, attempted to commit rape, and the victim who resisted to commit the crime is not guilty in light of the circumstances and contents of the crime.

The victim seems to have suffered considerable physical and mental pain due to the crime of this case.

However, the Defendant has recognized all of the crimes of this case and expressed an attitude to reflect his mistake.

The crime of quasi-rape was attempted, and the degree of injury suffered by the victim is relatively weak.

The victim again expressed his intention that he does not want the punishment of the defendant to the investigation agency, and the defendant's wife was tried.

In addition to these circumstances, comprehensively taking account of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) all of the sentencing conditions indicated in the records of this case, including the circumstances after the crime; and (c) where there is no change in the sentencing conditions compared to the first instance court; and (d) where the sentencing of the first instance court does not exceed the reasonable scope of discretion, it is reasonable to respect

Therefore, this part of the prosecutor's argument is without merit.

B. As to the unfair argument that a request for probation order is dismissed, Articles 21-8 and 9(4)4 of the Act on the Attachment, etc. of Electronic Devices are to be declared as a suspended sentence or suspended sentence with respect to the specific crime case.