The judgment of the court below is reversed.

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

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

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed by the defendant who has threatened the victim's resistance and attempted to rape the victim. It is not good that the crime of this case is committed in light of the details of the crime, the method and contents, etc.

The victim seems to have suffered a considerable physical or mental shock due to the crime of this case.

Therefore, there is a need for strict punishment corresponding to the criminal liability to the accused.

This is disadvantageous to the defendant.

However, the instant crime was committed in the course of attempted crime, and the Defendant, recognizing the instant crime, reflects his mistake.

Defendant has no record of being punished for a sex offense.

The defendant does not want to punish the defendant by mutual consent with the victim.

Since the defendant was detained on November 28, 2019, he has been living in prison for about three months until now, and his mistake has been pened.

These points are favorable to the defendant.

In full view of the circumstances favorable to the defendant, the defendant's age, character and conduct, intelligence and environment, circumstances after the crime, and changes in the appellate court, etc., the sentence of the court below sentenced the defendant to imprisonment with prison labor for a period of one year and six months is deemed to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of attempted crimes: Articles 25(2) and 55(1)3 of the Criminal Act;