The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. The sentencing of the court below is too inappropriate.

2. The crime of this case requires strict punishment against the Defendant when the Defendant took advantage of the following facts: (a) the Defendant carried a dangerous object and detained the victim; (b) attempted rape with a dangerous object; (c) the victim’s body, which may cause sexual humiliation or shame by using a cellular phone with a camera function, is taken against the victim’s will; and (d) the nature of the crime is not good; and (e) the victim was aware of considerable mental suffering and suffering from the crime of this case.

However, the court below's punishment is too unreasonable in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and environment, motive and consequence of the crime of this case, etc., since the court below's punishment is too unreasonable, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Punishment of the crime

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as the corresponding column of the judgment of the court below, except for the alteration of the "part of the defendant's court statement" in the fourth page 1 of the judgment of the court below to the "court statement of the defendant".