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 a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant knew that the victim was under the influence of alcohol and attempted to have sexual intercourse with the victim by using it, and the victim seems to have suffered considerable mental pain and sexual humiliation.

However, the fact that all the defendants have committed crimes, and each of them is divided into a mistake, that the court has agreed to do so with the victim, that the victim expressed his intention not to want the punishment more, that there is no record of crime exceeding the same kind or fine for the defendant, that the crime of this case is committed with attempted crimes, that there is a family member to support the defendant, and that the defendant's wife clearly appears to be a social relationship with the defendant, such as appealing the wife.

In addition, in full view of the various circumstances, including the defendant's age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting a crime and summary of evidence are as stated in the corresponding column of the reasoning of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act concerning the crime;