1. The judgment below is reversed.

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

3. Sexual assault against the defendant for 80 hours.

1. The gist of the grounds for appeal is that the lower court’s punishment (three years of imprisonment) is too excessive and unfair (the Defendant withdrawn his claim of mental and physical weakness on the first trial date of the first trial of the first instance court). 2. The instant crime was attempted to rape, such as drinking and driving without a license by the Defendant, leading the victim waiting for the bus to a nearby grass pool, leading the victim to several times by drinking, drinking, and drinking, and drinking the victim’s chest, but the crime was very heavy, and the crime was attempted.

The victim seems to have caused a huge fear and sexual humiliation.

The defendant has a record of being punished for a fine twice due to drinking or non-licensed driving, and has a record of being punished for a suspended sentence due to an injury.

On the other hand, the defendant committed a contingent crime, the basic crime was limited to the number, and the victim's injury is not severe.

The defendant did not have a previous record of sexual assault, committed a crime against the victim, and deposited five million won for the victim in the trial of the party.

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 somewhat unreasonable.

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, and the judgment below is ruled again as follows.

【Inasmuch as the judgment of dismissal is the same as the facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) The point of rape injury: Articles 301, 300, and 297 of the Criminal Act;

(b) Drinking driving: Road Traffic Act;