A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case is likely to be criticized because the defendant tried to rape the victim F at the home of his female-friendly job offers victim E and tried to commit the attempted rape, and the victims who want to restrain the defendant were flicked with the flick, a deadly weapon.

However, while under the influence of alcohol, the Defendant committed the instant crime in a somewhat contingent and contingent manner, committed rape with the victim F, and the degree of injury suffered by the victims is relatively minor.

The Defendant is an initial offender who had no record of criminal punishment prior to the instant crime.

In the past, the defendant recognized all of the crimes of this case and reflects his mistake, and the victims do not want punishment any longer by mutual consent with the victims.

In addition, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, various conditions of sentencing as shown in the argument in the instant case, including the circumstances after the crime, and the scope of the sentencing guidelines established by the Supreme Court and the standards of the suspension of execution, the sentence imposed by the lower court is unreasonable.

Therefore, the defendant's ground of appeal is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300 and 297 of the Criminal Act concerning criminal facts, and Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act.