A. Defendant 1) The Defendant, under the agreement with the victim, attempted to have a sexual relationship, and the victim was able to have a sM (private road mathm) so that he/she could have a sM (private road). However, there was no assault or intimidation to have a sexual intercourse with the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the attempted rape based on the statements made by the victim with no credibility is erroneous.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. A prosecutor 1) According to the statement of the victim and the written diagnosis of injury, etc., the victim’s misunderstanding of facts (not guilty part) can sufficiently be recognized that the victim suffered bodily injury, such as damage to the right-hand scirical scirical fiber frame in the course of rape by the defendant.

Nevertheless, the judgment of the court below which acquitted the injury resulting from rape is erroneous as a matter of law.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in this case, and the lower court, based on the evidence duly admitted and investigated, comprehensively on the following circumstances, it is difficult to believe that the victim’s statement on key injury, which corresponds to the facts charged for attempted rape, can sufficiently recognize its credibility. On the other hand, the Defendant’s statement on this point is considerably inconsistent with the victim’s commission and objective evidence, and it is reasonable to view that the Defendant was sufficiently proven that he/she commenced the commission of rape to the extent that there is no reasonable doubt that he/she had commenced the commission of assault to the extent that the victim’s resistance with intent to

On the other hand, the defendant rejected the above argument and found the defendant guilty of attempted rape.