A. In the case of a misunderstanding of facts, the Defendant: (a) tried to use the victim’s body in the following behind the victim; (b) there was only a fact that the victim left the body in front and was in front of the victim; (c) there was no assault or threat against the victim to rape; and (d) there was no awareness and intention to rape the victim.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, and 80 hours of order to attend school) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant’s assertion is without merit, since the Defendant attempted to rape the victim, but the Defendant’s attempted to commit rape.

(1) The victim since the police, to the court of the court below, consistently stated that “from the point of view on the bed, which was located on the bed at the bed of the Defendant’s house, the Defendant laid down on the bed of the bed, putting his body and her chest down with his clothes located on the bed of his bed, and cut off his bed. He deviates from the Defendant’s body, resulting in the Defendant’s blading of the Defendant’s neck by hand and getting out of his bed against the Defendant,” and consistently stated the situation or method at the time when the Defendant intended to rape the victim.”

(2) 피해자는 피고인의 목을 조르고 발로 차는 등 격렬하게 저항하였고, 피고인도 피해자의 저항에 대항하여 피해자의 목을 졸랐는데, 이러한 피고인의 행위로 인해 사건 다음날인 2010. 10. 10. 경찰 조사 시까지 피해자의 목이 빨갛게 붓고 손등에 멍이 든 자국이 남게 된 점, 피해자는 피고인으로부터 빠져 나온 후 부엌으로 가, 싱크대 밑에 있던 칼을...