The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year and six months of imprisonment) is too unreasonable;

2. The crime of this case is an attempted crime of rape in which the defendant remains in the same place as the victim at the place of travel where the defendant is string, and the crime of this case is not very good.

The victim seems to have suffered a considerable sense of sexual humiliation and mental shock due to the crime of this case.

However, the court below's punishment is too unreasonable in light of the fact that the defendant has led to a criminal act when he was in the trial, that the victim was compensated for damage to the defendant and that the defendant was not punished, that the defendant was an initial criminal without any criminal power, and that other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., are considered.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence in the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the

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. The main sentence of Article 62 (1) of the Criminal Act (the consideration of favorable circumstances examined in the preceding);

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

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;