The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of the fact that the crime of this case was committed in attempted crimes, and that the defendant paid KRW 10 million to the victim and agreed that the victim does not want the punishment against the defendant, that the defendant recognized the crime, that the defendant reflects the defendant, that the defendant seems to have committed the crime of this case somewhat contingent with the victim in a large amount of drinking together with the victim, that the defendant did not have the same criminal record, and that the defendant did not have the same criminal record, and that the defendant was sentenced three times of the previous criminal record, the court below's punishment against the defendant is too unreasonable, and therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55(1)3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the consideration in favor of the aforementioned provisions);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime is unspecified