The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

20,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (six years of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the defendant two times, and the victim was injured while intending to commit rape by intrusion into the victim's room in a sculphal state. In light of the above crime history and content, the means and method of the crime, and the result thereof, the criminal liability of the defendant is very heavy, the defendant did not have been used from the victim, and the defendant had been sentenced to the suspension of the execution of two years and six months from the Seoul High Court on May 29, 198, which was sentenced to the suspension of the execution of two years and six months from the death resulting from rape.

On the other hand, it is reasonable for the defendant to take into account that the defendant's mistake is deeply divided, that the rape was committed, and the degree of injury of the victim caused by rape was not very serious.

In the event the result of the above circumstances and other circumstances, the defendant's age, character and conduct, family environment, various sentencing conditions shown in the arguments in this case, such as the motive and circumstances leading to each of the crimes in this case, and the scope of the recommended sentences (a sex crime) according to the sentencing guidelines set by the Supreme Court Sentencing Committee (a period of five years to ten years), and the occurrence of the result of the bodily injury [the scope of the recommended sentences] of category 13 to six (a period of three years to nine years), the area of special mitigation (a period of three to nine years), [a period of special mitigation] of types of injury (a period of three to nine years) (a period of special mitigation), but a basic crime was attempted, 2 and 3 (narcotics) [the scope of the recommended sentence] types of crimes in the category 3 (b) and simple possession (a period of 10 to two (c)] and the basic area (a period of imprisonment with labor) [a period of 10 to one year] of the final aggravated punishment (a period of 10 to one year to one year) pursuant to the majority punishment.

In full view of all, the sentence imposed by the court below on the defendant is somewhat inappropriate.