The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of 2 years and 6 months and 40 hours and the order to complete a sexual assault treatment program) is too unreasonable.

Judgment

The crime of this case was committed by the Defendant on the part of the victimized person under the influence of alcohol, and the injured person attempted to engage in sexual intercourse with the victim by taking advantage of the fact that the victimized person was in an impossible state of resistance, and thereby, the injured person suffered from sexual intercourse with the victim during the course of the crime. In light of the circumstances of the crime, etc., it is not good that the crime is committed.

As the victim is a female under the age of 19 years, it seems that the crime of this case was highly sexually maternity and psychological impulses due to the crime of this case, and it seems that there is a lot of time in the future that the wife and suffering suffered by the victim are completely cured.

Such circumstances are disadvantageous to the defendant.

On the other hand, the basic criminal committed quasi-rape itself was attempted.

There is no history that the defendant has been punished with heavier punishment than a sex offense history or fine, and the defendant recognizes all of the crimes of this case and repents his mistake.

The defendant has donated the money in custody to the victim support organization in order to pay the money by agreement in response to the victim's will, and the victim expressed his/her intention that he/she does not want the punishment of the defendant in the first instance.

In addition, it seems that the social ties of the defendant are relatively clear, such as the family members of the defendant's will be able to take the lead of the defendant and want his wife.

These circumstances are favorable to the defendant.

The above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime were committed according to the sentencing guidelines set by the Supreme Court sentencing committee.