1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

1. The summary of the grounds for appeal (two years and six months) of the lower court’s punishment is excessive and unfair (i.e., the Defendant, at the first trial of the first trial of the first trial of the first instance). (ii) The Defendant, at the time of the first trial of the first instance, withdrawn its assertion of misunderstanding of the legal principles that the injured party’s wife does not constitute injury in the crime of rape. (iii) The instant crime of this case was committed by the Defendant on the part of attempted rape with the injured party while the divorce lawsuit was pending, and was committed by the injured party on the part of the attempted rape, and resulting in injury upon the injured party.

As a result, it seems that victims have suffered a lot of sexual humiliation and mental impulses.

Nevertheless, the Defendant denied the crime by asserting that there was no forced sexual intercourse from the investigative agency to the court of the court below.

On the other hand, the defendant is committing a crime in the first instance and is against the wrongness.

The crime of this case was an important motive for the victim to commit the crime of this case, and the defendant seems to have committed any contingent, shockingly, and the basic crime was only committed, and the injury was not severe.

In the trial of divorce, the defendant renounced the damage claim and child support claim against the victim in accordance with the divorce lawsuit, and also renounced the damage claim against the other party to the fraudulent act, and the victim does not want the punishment of the defendant any longer.

The defendant is the first offender who has no criminal history in Korea and is the most liable to support his or her child.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and it is in accordance with Article 364 (6) of the Criminal Procedure Act.