1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed by the Defendant, on the new wall, attempted to rape a victim who was divingd after getting up the gas pipeline on the residence of the victim, a Korean national residing in China, and attempted to rape the victim. The victim who was unable to escape from the Defendant and his husband who was fighting his body with his husband, resulting in the victim’s bodily injury. The crime committed by the Defendant is not weak in terms of its nature.

On the other hand, the Defendant had no record of criminal punishment before committing the instant crime.

The defendant seems to have committed the above crime under the influence of alcohol.

Rape, which is the basic crime of the instant crime, was attempted.

The defendant was committed in the first instance, and all of the crimes were committed, and the defendant was seriously against the defendant, and his husband and wife agreed with the victim's husband and wife to take the action against the defendant.

When this judgment becomes final and conclusive, the defendant seems to be forced to leave his country in accordance with the Immigration Control Act.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, the environment, the motive, means and consequence of the instant crime, and the circumstances after the crime, it is deemed that the lower court’s sentence to the Defendant is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, 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.

【Grounds for Appeal】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the criminal facts;