The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case committed by the defendant is likely to be criticized because the defendant, following the victim of the first side of the toilet in the restaurant, is about rape and attempted to rape the victim after having gate from the corridor of the building.

As a result, the victim seems to feel sexual humiliation and have suffered considerable mental shock and suffering.

However, the defendant recognized the crime of this case, and is in depth repenting his mistake.

The defendant has no record of punishment for the same kind of crime, and the defendant seems to have committed the crime of this case somewhat contingently under the influence of drinking at the time.

The rape of this case was committed in the course of attempted crime, and the victim tried to take the action against the defendant by mutual consent with the defendant.

It is relatively clear that the social relationship of the defendant is relatively clear.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, character and conduct, the means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court is unreasonable.

The defendant's ground of appeal is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to 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 columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 300 and 297 of the Criminal Act concerning the selection of criminal facts;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to be mitigated legally;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances as seen in paragraph (2) of the same Article);

1. The punishment of sexual assault crimes committed to attend lectures;