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

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, completion of sexual assault treatment programs for forty hours, and three years of disclosure or notification orders) is too unreasonable;

2. Determination:

A. In full view of all of the sentencing conditions, the lower court imposed two years, etc. on the Defendant, considering all of the following factors: (a) the instant crime was committed by rape and attempted rape; (b) the victim and his family members suffered a great mental pain; (c) the victim wanted to punish the Defendant; and (d) the Defendant had the same record.

B. However, in the first instance trial, unlike the lower court’s judgment, the Defendant recognized the instant crime, and appears to have remarkably divided his mistake in light of his legal attitude, etc., and the victim did not want the Defendant’s punishment by mutual consent with the victim. Considering these circumstances, the lower court’s punishment is deemed to be too unreasonable.

The grounds for appeal are justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The ages and ages of the defendants under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1)