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

1. Summary of grounds for appeal;

A. The lower court’s lower judgment by misapprehending the legal doctrine cannot be deemed as a circumstance that prevents the Defendant from taking full charge of rape, and the Defendant constitutes an attempted crime, since the victimized person’s free will with the said resistance was immediately suspended from committing rape, not immediately proceed to the commission of rape.

B. The sentence sentenced by the lower court against the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding legal principles, in a case where the commission of a crime was commenced and the commission of the crime was suspended according to one’s own free will before the crime is completed, and the suspension was not caused by the circumstances that hinder the completion of the crime in light of the general social norms, the attempted suspension constitutes an attempted suspension.

However, comprehensively taking account of the following facts acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the defendant was unable to fully commit the crime in light of social norms rather than to discontinue the crime with free will. It is reasonable to view that the defendant suspended the crime on the ground that there was a possibility of suppressing the victim’s resistance and complete rape when the defendant uses strong assault. It cannot be deemed that the defendant suspended the crime of rape as a person who committed rape on the ground that there was a possibility that the victim’s resistance may

① In order to take the victim’s office, the Defendant sought to have the victim get out of a stacking room, and to write down and inserted the Defendant’s sexual organ on the part of the victim’s sound book.

(2) Whether the victim is dint of the victim's family.

Whether or not there is a rush damage to the people

As such, the Defendant was strongly resisted, such as being pushed the Defendant with a strong voice, and continuing to commit the crime by being pushed the Defendant by hand, and thus, the Defendant suspended the crime.

Therefore, the court below did not constitute an attempted abandonment of the Defendant’s crime of this case.

The decision is just, and this part of the defendant is just.