A defendant shall be punished by imprisonment for one year.

However, the defendant shall be the defendant for a period of three years from the date of this judgment.

A. Defendant 1) The Defendant stated that “A victim who was hidden in a 7-time singing room as indicated in the judgment of the court below” was “a victim’s son, who had had time left,” and there was only the victim’s son’s son, and there was no fact that the victim’s son’s son’s chest on the body of the victim, as indicated in the judgment below, and did not commit any act against the victim’s son’s son’s son, as in the facts charged in the judgment below.

B) The victim’s legal statement presented by the court below as evidence is not consistent, inconsistent with the witness G’s statement, inconsistent with the empirical rule, and G also made a statement in compliance with the defendant’s defense in the court of original instance. Although there is insufficient proof as to the indecent act in this case’s compulsory act, the court below erred by misapprehending the facts.

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

B. According to the prosecutor’s statement (misunderstanding of facts), the lower court acquitted the Defendant on the charge of attempted rape, despite sufficient proof as to the Defendant’s attempted rape with the intent to commit rape. However, the lower court erred by misapprehending the legal doctrine on the charges of attempted rape.

2. Determination

A. On March 18, 2015, the summary of the public prosecutor’s assertion of mistake of the facts (the attempted rape) of the public prosecutor’s room (the Defendant discovered a victim who is hiding the Defendant’s injury in the room No. 7 “D Singing shop” located in C at around 07:50 on March 18, 2015, she attempted to rape the victim’s chest by hand after putting the victim’s body on a small wave, suppressing other resistance going on the victim’s body, suppressioning the victim’s body into the victim’s body, and she tried to rape the victim’s chest by taking advantage of the victim’s voice, such as large rain, rain, etc. on the part of the victim’s sound. However, the Defendant attempted to commit an attempted rape without having the victim’s right to visit the said seven occasions.

2) The lower court’s judgment on this part of the facts charged, as to ① the victim.