The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. The circumstances favorable to the defendant include: (a) the attempted rape crime is committed; (b) the degree of injury is not much serious; (c) the Defendant has no criminal power; and (d) support for the disabled children.

The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant attempted to rape the victim who is a lessee; and (b) intimidation the victim to inform the victim of the crime; (c) the nature of the crime is inferior; (d) the victim wants to severely punish the victim; and (e) the victim suffered significant mental and physical shock and pain due to the crime of this case.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive, method and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is unfair that the sentence imposed by the

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 301, 297 of the former Criminal Act (amended by Act No. 11574 and enforced June 19, 2013), Article 283(1) of the Criminal Act concerning criminal facts (the point of intimidation, the choice of limited imprisonment, and the choice of imprisonment)

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment heavier than the punishment (within the scope of the sum of the long-term punishments in each of the above crimes)];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Punishment, etc. of sexual crimes committed before order is completed;