The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Under the circumstances where there is no reason to obstruct the Defendant from performing rape crimes at the time of the instant case, the punishment should be mitigated or exempted by applying Article 26 of the Criminal Act, as the Defendant voluntarily ceased to commit the crime.

B. The sentence sentenced by the lower court against the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding legal principles, in a case where the commission of a crime was commenced and the commission of the crime was suspended according to one’s own free will before the crime is completed, and the suspension was not caused by the circumstances that hinder the completion of the crime in light of the general social norms, the attempted suspension constitutes an attempted suspension.

However, comprehensively taking account of the following facts admitted by the evidence duly adopted and investigated by the court below, it is reasonable to view that the defendant has suspended the crime due to circumstances obstructing the completion of the crime in light of social norms rather than having discontinued the crime with free will, and it cannot be deemed that the defendant suspended the crime of rape on the ground that there was a possibility that the defendant could complete the crime of rape despite the above disability.

Therefore, this part of the defendant's argument is without merit.

① The Defendant, the chief of the Taekwondo in the body of the victim, who was in the middle of the new wall, was able to drive the neck of the victim, knife the neck of the knife onto the parking lot of the knife, knife the knife of the knife knife of the knife and knife the knife of the knife of the knife, and knife the knife of the knife, knife the knife of the knife, and knife the knife.

As such, the Defendant already started rape crime by committing assault that is difficult to resist the victim.

(2) In this regard, a person who has suffered from a disturbance has judged his/her speak in the boom, thereby.