The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The lower court’s sentencing on the gist of the grounds of appeal is too unreasonable.

2. The Defendant tried to rape a victim who has a intellectual disorder with severe evidence. In light of the details and methods of the instant crime, the crime is not good.

Accordingly, the victim seems to have suffered a considerable sexual humiliation and mental impulse.

Such circumstances are disadvantageous to the defendant.

On the other hand, the crime of this case was committed in a failed attempt, and the defendant shows the appearance of recognizing and opposing the mistake.

Defendant has no same record, and there is no record of punishment exceeding a fine.

In this court, the defendant agreed with the victim smoothly, and the victim was the defendant's wife.

Such circumstances are favorable to the defendant.

In addition, comprehensively taking account of the defendant's age, sex, environment, health condition, motive, means and result of the crime, relationship with the victim, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15, Article 6 (4), and Article 25 (2) and Article 55 (1) 3 of the Criminal Act with respect to a crime not punishable by the relevant legal provisions and Articles 15, 6 (1), and 25 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount of Punishment (the favorable circumstances in determining the grounds for appeal as above) of the Act on Suspension of Execution under Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (the above favorable circumstances).