The judgment of the court below is reversed.

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

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

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant’s act of rape was discontinued by himself, the Defendant’s act constitutes an attempted rape.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the part of the misapprehension of the legal principle’s assertion, and in a case where the commission of a crime was commenced before the crime was completed and the crime was suspended at one’s own free will, the suspension is not an obstacle to the completion of the crime under ordinary social norms. If the suspension is not due to the circumstances that interfere with the completion

However, (see, e.g., Supreme Court Decision 2011Do10539, Nov. 10, 2011). In this case, as shown in paragraph (1) of the facts constituting the crime in the judgment below, the defendant's attempt to terminate the commission of rape is limited to a case where the defendant has been hindered in completing the crime under social norms, and the defendant's act of rape is suspended according to his own free will. Thus, this part of the defendant's assertion is without merit.

I would like to say.

B. We examine the part on the assertion of unfair sentencing, and the Defendant’s crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) committed by the Defendant was attempted to rape the victim first committed on the day of the instant crime in line with the judgment of the court below. In light of the details and content of the crime, and the relationship with the victim, etc., the crime’s nature is not less than that of the crime, and the Defendant’s crime appears to have been sexual humiliation and considerable mental impulses. Nevertheless, the Defendant, even after the investigation agency, despite the fact that the Defendant, while denying all of the crimes, is gathering the Defendant by making a false statement for the purpose of agreement.