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 three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, etc.) is too unreasonable.

Judgment

The crime of this case was committed by the defendant by assaulting the victim in drinking place, and the nature of the crime is not good.

The defendant's crime seems to have caused a large mental shock and sexual humiliation.

These circumstances are disadvantageous to the defendant.

However, the defendant led to the confession of the crime of this case and the mistake is divided.

In addition, the rape crime of this case was committed in attempted crimes, and the defendant made an endeavor to recover damage, such as compensating the victim with monetary compensation, thereby making an agreement with the victim in the trial.

The victim expresses his intention that he does not want the punishment of the defendant.

In addition, the defendant has no criminal records.

These circumstances can be considered in light of the circumstances favorable to the defendant.

In addition to these circumstances, in full view of the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character, conduct and environment, motive and background leading to the instant crime, means and methods of committing the crime, and circumstances after committing the crime, the sentence imposed by the lower court is deemed unreasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts of the crime and summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. The punishment of sexual assault crimes committed to attend lectures;