The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, did not stop assault and attempt to forced sexual intercourse with the victim any longer by leaving the victim unfolded and her face by hand at the time of the instant crime. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which led to the failure to stop the crime, even though it was suspended by a person without any particular reason, and thereby constitutes an attempted crime.

B. The sentence of the lower court’s unreasonable sentencing (the completion of the sexual assault treatment program for one year, six months, and forty hours of imprisonment) is too unreasonable.

2. Determination:

A. We examine the judgment on the argument of a mistake of facts in law, and if the commission of a crime is suspended by their own free will before the crime is completed and the suspension is not attributable to the circumstances that obstruct the completion of the crime under general social norms, it constitutes an attempted suspension.

However, according to the evidence duly admitted by the court below, the defendant used violence, such as taking a part of the victim's neck at several times, taking a part of the victim's neck, booming him, etc., and committed an act of self-defense next to the victim, making the victim sit in a sofast and boomed her face, and making the victim sit in a sofast, and she did not commit an offense any longer than the wind required for diving. Thus, the defendant ceased to commit an act of free will by free will.

It is more reasonable to view that the crime has been suspended due to circumstances that obstruct the completion of the crime by social norms, rather than by social norms.

Therefore, this part of the judgment of the court below is just, and it is not accepted the misconception of facts and misapprehension of legal principles.

B. On the assertion of unfair sentencing