A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

2. As pointed out by the lower court, the circumstances and results of the instant crime are not good in terms of the nature and consequence of the instant crime, such as ① the Defendant’s attempt to rape, and the Defendant’s attempt to prevent the victimized female from walking along the breast at night.

(2) An unexpected crime seems to have caused a considerable mental shock and sexual humiliation.

Such circumstances are disadvantageous to the defendant.

However, it is necessary to consider some favorable circumstances submitted in the trial.

① In the trial, the Defendant paid the agreed amount to the victim, and the victim expressed his/her intention that he/she is not subject to punishment.

② The Defendant recognized all of the crimes of this case, and repented wrong facts.

③ The Defendant appears to have committed the instant crime by somewhat contingent impulse, and immediately ceased to commit the instant crime without reporting the victim’s form against which the Defendant resisted.

④ Defendant is not subject to criminal punishment until then.

(5) Family relations of the defendant are extenuating circumstances.

Such circumstances are favorable to the defendant.

In full view of the Defendant’s age, career, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems unreasonable.

Defendant’s assertion is with merit.

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 is ruled again after pleading.

【Reasons for the Judgment of the Supreme Court in 2007Da14448 delivered on April 2, 2008).