Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

The sentence of imprisonment with prison labor (four years) of the lower court is too unreasonable.

The sentence imposed by the court below on the public prosecutor is too unhued and unreasonable.

Judgment

In light of other unfavorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the following circumstances are considered: (a) a disabled person of class 2 with intellectual disability, which is merely a level of six years of age, and the Defendant tried to induce and rape the victim by using the victim’s disability; (b) the Defendant has a record of being punished by force by force against the same victim in 2007; (c) the Defendant did not agree with the victim; and (d) did not take any measures to recover from damage; and (d) the Defendant appears to have been planning to commit additional crimes by repeatedly sending letters indicating sexual intercourse with the victim’s cell phone even after the crime of this case; and (e) the Defendant appears to have been planning to commit the crime by repeatedly sending letters indicating sexual intercourse with the victim’s cell phone after the crime of this case. In light of various sentencing conditions indicated in the record, it cannot be said that the lower court’s punishment is too heavy or feasible.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.