A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. It is recognized that the defendant recognized the crime of this case, divided and reflected his mistake, the defendant has no criminal record exceeding the same criminal record or fine, and the defendant does not want the punishment of the defendant under the agreement with the victim.

However, the crime of this case is committed by a police officer who tried to rape after suppressings the victim's resistance by assaulting the victim's hair and face part, etc. against the victim residing home who does not have any awareness of her face, and thereby causing bodily harm to the victim for about 20 days in light of the course and means of the crime, damage result, relationship with the victim, etc. The crime of this case is not very good. The crime of this case was committed by the victim, that the victim was aware of considerable mental and physical harm and shock, and the degree of injury is not easy, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentencing conditions specified in the argument of this case, such as the defendant's age, character and environment, circumstance after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee are considered to be unreasonable. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided 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. Relevant provisions concerning facts constituting an offense;