The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court to the Defendant (one year and six months, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant was in a drunken state at the time of the instant crime, but in full view of the background, means and methods of the crime, and the circumstances after the crime, etc., it does not seem that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of determining the illegality of sentencing is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant, while drinking together with the victim, was trying to rape the victim even though the victim refused to do so; and (b) the Defendant inflicted an injury by assaulting the victim to report 112; and (c) the nature of the crime is not good.

On the other hand, when the crime of this case was committed in the past, the defendant committed the crime of this case against his mistake, and the victim committed the crime of this case by mutual consent with the defendant, and the defendant's ability to commit the crime of attempted rape of this case is relatively heavy, and the defendant's use of the victim's ability to commit the crime of attempted rape of this case is not severe, and even though it was committed, the crime of rape of this case is committed in relation to the attempted crime of this case, etc.

The above circumstances and the defendant's age, gender and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court.

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to twenty-two years;

2. The sentencing criteria shall be set.