A. The judgment of the court below which acquitted the defendant about attempted rape on the ground that the defendant did not have any intention to rape, is erroneous in misconception of facts.

B. The court below's decision on the grounds of unfair sentencing (ten months of imprisonment, two years of a suspended sentence, two years of probation, and forty hours of an order to attend a sexual assault treatment course) is not only unfair and unfair, and it is also unreasonable that the court below did not issue an order to disclose to the defendant.

2. Determination

A. The summary of the facts charged is as indicated in the facts of the crime in the judgment of the court below. The defendant tried to see the victim's body and put the victim's bucks into the floor by putting the victim's bucks at hand so that it does not seem inside the victim's residence, and tried to put the victim's bucks on the floor, putting the victim's bucks on the floor by hand, and put the victim's bucks down on the body. The defendant resisted the victim's bucks so as to prevent the victim from getting out of the victim's bridge and prevented him from getting out of the victim's body. The defendant tried to get out of the victim's body and attempted to get out of the victim's body. The defendant did not have attempted to get out of the victim's body, such as the victim's bucks which were lawfully admitted by evidence. < Amended by Presidential Decree No. 20200, Feb. 2, 2007>