The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment, etc.) shall be too unreasonable.

Judgment

The Defendant, under the influence of alcohol, attempted to rape a victim who has failed to resist, but failed to resist, committed the attempted rape, and attempted to capture the victim with the aim of having sexual intercourse with the child of 12 years old, and the quality of each crime is poor.

The victims seem to have suffered considerable mental suffering.

This is disadvantageous to the defendant.

On the other hand, the defendant recognized all of his crimes in late late late late, and is against the truth.

The victim of the attempted quasi-rape shall not be punished by the defendant in agreement with the victim.

Quasi-rape and kidnapping of sexual intercourse have been attempted.

There is no criminal record against the defendant.

This is the circumstances favorable to the defendant.

In addition to these circumstances, in full view of the following factors: (a) the Defendant is the young age of 21; (b) the Defendant’s character and behavior, growth environment; (c) motive, means and consequence of the crime; and (d) all the sentencing conditions as shown in the argument of the instant case, including the circumstances after the crime; and (c) the sentencing guidelines for the enactment of the Sentencing Committee, the sentence of the lower

Therefore, the defendant's argument is justified.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is rendered again as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the "written statement of the defendant at the trial" is added to the summary column of evidence as stated in the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) and Article 31 of the Criminal Act concerning criminal facts;