The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

1. The lower court’s punishment (two years of imprisonment, and forty hours of completion of sexual assault treatment programs) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant, while under the influence of alcohol, is trying to rape the victim who was seated in the bus stop on the street, and the nature of the crime is not good, and the victim seems to have suffered considerable sexual humiliation and mental shock.

In the trial of the party, the fact that the defendant agreed with the victim that the injured person does not want the punishment of the defendant, that the defendant recognized the crime of this case and reflects the defendant, that the defendant committed the crime of this case in a somewhat contingent and contingent manner, that the defendant did not have any criminal records of the same kind and punishment, that the relatives of the defendant want to take the wife of the defendant, etc. are favorable to the defendant.

In addition to these circumstances, in full view of various factors revealed in the trial of this case, including the Defendant’s age, sex, career, environment, family relationship, and the background and result of the instant crime, the sentence of imprisonment with prison labor sentenced by the court below was too unfair since it was committed in the appellate trial.

Defendant’s assertion is with merit.

3. Since 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 appeal by the defendant is again decided as follows.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Exemption from orders to attend lectures;