The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (such as three years of imprisonment) is too unlimited and unfair.

[The defendant and his defense counsel asserted that the initial mistake of facts was the ground for appeal, but they withdrawn the above argument on the third trial date of the trial of the court of the first instance, and thus, they do not make a separate judgment thereon.]

2. The crime of this case committed by the defendant is limited to the attempted rape of the victim who was mixed in drinking house under the same circumstance as the criminal facts in the judgment of the court below. Accordingly, the crime of this case committed by the defendant was committed by the victim under the same circumstance as the criminal facts in the judgment of the court below. In light of the crime process, contents, means, methods, and result, etc., the crime is not less weak than the nature of the crime, and the crime of this case committed by the defendant seems to have suffered physical mental shock and pain to the defendant. It is disadvantageous to the defendant.

On the other hand, the defendant made confession of the crime of this case which was denied by the court below for the first time in the trial, and his mistake is divided in depth.

The fact that the defendant statements, the crime of rape itself is about attempted crimes, the fact that the defendant and the victim have reached an agreement with the defendant and the victim, and that the victim expressed his will to take the defendant's wife against the defendant, and that there is no criminal record of punishment due to sexual crimes, etc. are favorable to the defendant.

In light of all the sentencing conditions shown in the proceedings of the original trial and the trial, including the conditions favorable to the defendant, the sentence imposed by the court below is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

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 another judgment】