A. The Defendant did not have any intention to rape the victim, and did not commit violence or intimidation within the meaning of the crime of rape, and there is no fact that the victim suffered injury within the meaning of the crime of rape.

B. The sentence imposed by the court below on the defendant on the ground of unfair sentencing (three years of imprisonment, four years of suspended execution, three years of probation, three years of social service, 120 hours of community service, 40 hours of lecture order for sexual assault treatment, 4 years of disclosure order and notification order) is unreasonable.

2. Determination

A. 1) The lower court determined that the Defendant attempted to rape the victim by taking into account the following circumstances, i.e., the evidence of the lower court’s judgment and the witness N’s testimony, in addition to the following circumstances acknowledged by the lower court’s determination: (a) the victim made a concrete statement on the background of the instant crime or the situation at the time of the instant crime and consistently made a statement on the essential part of the instant crime; (b) there is no special circumstance for the victim or witness F to make a false statement in order to harm the Defendant; (c) the victim’s injury and degree; and (d) text messages sent by the Defendant to the victim’s mother; and (b) the victim’s injury and text messages sent to the victim’s mother; and (c) the fact that the Defendant attempted to rape the victim by taking into account the evidence of the lower judgment and the witness N’s testimony.

Therefore, the judgment of the court below to this purport is justified, and this part of the defendant's assertion is not accepted.

① Examining the credibility of the victim’s statement, the victim has consistently and specifically stated the circumstances leading to the instant crime.

The statements made by the victim are consistent with the statements made by the F, a witness.

Therefore, the victim and the F.