The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., the Defendant revoked all of the misunderstanding of facts and misapprehension of legal principles on the third trial date.

The sentencing of the court below is too unreasonable.

2. The defendant tried to have sexual intercourse with the victim who was unable to resist under the influence of alcohol in collaboration with the defendant who was in a state of friendly appearance, and the victim B has sexual intercourse. In light of the content and method of the crime, the responsibility for the crime is more severe.

As a result, she seems to have caused considerable mental impulse and sexual humiliation.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is an elementary offender who has no record of criminal punishment.

Defendant did not seem to have committed the instant crime in a planned manner, but attempted to have sexual intercourse with Defendant was limited to attempted crimes.

In this court, the defendant was found to have committed a crime late later, and the defendant violated his wrongness, and the victim provided reasonable compensation to the victim and agreed that the victim does not want the punishment of the defendant.

B agreed with the victim who is an accomplice. On October 6, 2020, the court of first instance was sentenced to imprisonment with prison labor for three years and five years of suspended execution.

(Reference Materials for the 27 October 2020). These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, conditions of sentencing and the scope of recommended sentencing according to the sentencing guidelines as a whole, such as the circumstances after the crime, etc., the sentence of the court below is considered to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court, and evidence related thereto.