Defendant shall be punished by imprisonment for a term of one year and six months.

, however, for three years from the date this judgment became final and conclusive.

Judgment

The crime of this case committed by the defendant who attempted to rape the victim and attempted to commit the crime of this case is not less severe than the nature of the crime, and the victim seems to have caused considerable mental shock and sexual humiliation due to the crime of this case, and is disadvantageous to the defendant.

The fact that the defendant recognizes the crime of this case and reflects the criminal act of this case, that the criminal act of this case is committed against the attempted crime, that the defendant does not want the punishment of the victim under the agreement with the victim, and that the defendant has no record of punishment for sexual crimes, etc. are favorable to the defendant.

In addition to these circumstances, comprehensively taking account of the Defendant’s age, character and conduct, career, environment, family relationship, the circumstances and result of the instant crime, etc., the sentence of imprisonment with prison labor sentenced by the lower court in the lower court was too unreasonable since it became too unreasonable in the appellate trial.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, it shall be 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 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

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 an order to notify disclosure of information, and the protection of children and juveniles against sexual abuse;