The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant is the subject of sexual assault treatment for 80 hours.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and six months, and completion of the sexual assault therapy for 80 hours) of the lower court is excessively unreasonable;

2. The crime of this case is very poor that the defendant attempted to rape the victim, and the crime of this case is committed in the course of such rape.

In particular, the Defendant committed the instant crime using personal trust relationship with the victim's accommodation, and there is a high possibility of criticism against the Defendant.

The victim seems to have suffered considerable physical pain and mental impulse due to the crime of this case.

These circumstances are disadvantageous to the defendant.

However, the defendant is both aware of and against all the crimes of this case.

There is no criminal power other than fines, and there is no criminal record due to the same kind of sexual assault crime.

When the defendant is in a trial, the victim does not want to be punished against the defendant by mutual consent with the victim.

Rape with the victim was attempted, and the degree of injury suffered by the victim is relatively minor.

These circumstances are favorable to the defendant.

In light of these circumstances, the lower court’s punishment is somewhat inappropriate in light of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means, and consequence of a crime; and (b) the circumstances after the crime were committed.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;