The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

. Information on the Defendant.

Summary of Grounds for Appeal

The sentence (three years of imprisonment) imposed by the court below on the defendant and the person who requested to attach an attachment order (hereinafter referred to as "defendant") is too unreasonable.

The period of attachment order requested by the court below against the defendant is too long to be five years.

Judgment

The crime of this case committed by the Defendant was committed by having the victim resisted by the Defendant, and the victim tried to commit rape and attempted to commit a serious crepit, with the escape of the victim, focusing on the criminal liability. The crime of this case appears to have caused considerable mental impulse and sexual humiliation due to the crime of this case, and the Defendant again committed the crime of this case during the period of repeated crime, even though he had been punished three times, including punishment twice for sexual crimes, even though he had the record of being punished several times.

On the other hand, the fact that the crime of this case was committed in multiple attempted crimes, the fact that the defendant is led to the confession of the crime, and the defendant expressed his intention that the victim does not want the punishment by agreement with the victim in the original trial, and the fact that the defendant wants to want the defendant's wife in the trial, etc. are favorable to the defendant.

As above, the sentencing guidelines do not apply to a criminal attempt to commit all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.

In full view of the above, the sentence imposed by the court below on the defendant is judged to be unfair.

Therefore, this part of the defendant's argument is justified.

In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the Defendant had three times of sexual assault, including two times of imprisonment, and in particular, the Seoul Eastern District Court on June 13, 2013.