The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. The sentence of the lower court’s sentence (two years of imprisonment) against the Defendant against the gist of the grounds for appeal is too unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance to the defendant, such as: (a) the defendant was aware of 12 years of age through a smartphone hosting app and returned to his own car; (b) the defendant parked on the road while trying to have sexual intercourse with the victim; (c) again, the victim was sexual intercourse with the victim after leaving the road; (d) the crime was serious in light of the situation and content of the crime; (e) the victim’s age; (e) the victim’s age; and (e) the method and frequency of the crime; and (e) the victim, who was well aware of the value and judgment of sex, seems to have negative impact on the formation of sexual identity and values due to each of the crimes of this case, but, in light of the fact that the defendant was tried to have sexual intercourse with the victim; (e) the defendant did not exercise any type of force against the victim during each of the crimes of this case; and (e) the defendant did not want to have any other type of punishment against the defendant; and (e) the sentencing guidelines and sentencing guidelines of the court below did not want to have any other criminal punishment.

3. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided again as follows.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Relevant Articles 305, 300, 297 of the Criminal Act concerning criminal facts (the point of attempted rape of a minor) and Articles 305 and 297 of the Criminal Act concerning criminal facts;