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The defendant's appeal is dismissed.
The judgment below
Of the "order", 120 hours for the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for two years and six months, order for 120 hours to complete a program, and order for disclosure and notification of personal information, each five years) imposed by the court below is unreasonable.
2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his criminal act and is in depth divided; (b) the victim did not want the punishment of the defendant by agreement with the victim; (c) rape itself was committed by attempted rape; and (d) the defendant did not have a criminal record other than once a fine is imposed.
The crime of this case committed by the defendant after checking the residence of the victim under the influence of alcohol, and tried to have sexual intercourse with the victim who was under the control of the victim after removing the toilet impulse and windows outside the wall and intrusion on his residence. The crime of this case is not suitable for interviewing the method of crime and committing the crime, and it appears that the victim suffered heavy mental pain due to the crime of this case, etc.
In addition, comprehensively taking account of the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and background of the offense, and circumstances after the offense, it is difficult to deem that the sentence imposed by the lower court is unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
However, the judgment below’s order to take the sexual assault treatment lecture is clearly stated that “the completion of the sexual assault treatment program is ordered,” and that “an order to attend school” in the application of the statutes is a clerical error in each of the “passing order.” As such, it is corrected that the correction is made in accordance with Article 25 of the Regulations on Criminal Procedure.