A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this ruling became final and conclusive.

2. The crime of this case is deemed to have been committed by the Defendant to commit rape by drinking alcohol with the victim who is a worker, and having attempted to commit rape.

As a result, the victims suffered serious mental impulse, and they suffered additional pain such as counseling with her husband and combustibility.

However, the defendant recognized the crime of this case in the court of the political party, and is against the defendant.

When the defendant is in a trial, the victim does not want the punishment of the defendant by mutual consent with the victim.

Defendant has no record of being punished for a sex offense or of being sentenced to a fine exceeding the fine.

In addition, considering the age, character and conduct, environment, and all of the sentencing conditions shown in the argument in this case and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is somewhat inappropriate.

Therefore, the defendant's appeal is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as favorable circumstances in this paragraph (2));

1. Article 62 (1) of the Criminal Act (The two preceding paragraphs shall be repeatedly taken into consideration);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and children and juveniles;