A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

With respect to the attempted rape among the facts charged in the case of mistake of mistake of facts, it is not easy for the defendant to leave the victim's will, and there was no attempt to rape.

The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the public prosecutor examined the facts charged in the instant case at the trial before the judgment on the grounds for appeal ex officio, and the public prosecutor applied for changes in the indictment to the effect that the name of the crime was changed from “Attempted rape” to “Attempted rape,” and the facts charged in the instant case as stated in paragraph (2) of the following facts charged, and the judgment of the court below was changed to the subject of the judgment upon permission. Thus

As seen above, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

【Reason's reasoning for the judgment in 2015. The defendant is a driver of F Sona-si, who belongs to red transportation, and on February 12, 2015, the victim C (n, 26 years of age) under the influence of alcohol in Seodaemun-gu Seoul Western-dong, Seodaemun-gu, Seoul.

1. Around February 12, 2015, the Defendant: (a) was under the influence of alcohol at the neighboring parking lot of the H company located in Gyeyang-gu G in Goyang-gu G on February 12, 2015; (b) committed quasi-rape by having the victim, who was unable to resist due to the influence of alcohol, parked the taxi at that place; and (c) having sexual intercourse with the victim, who was unable to resist under the influence of alcohol.

2. The Defendant: (a) around 00:50 on February 13, 2015, committed quasi-rape; (b) in front of an influorous apartment in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, the Defendant: (c) had the victim under the influence of alcohol and tried to rape again; and (d) parked the taxi at the same time.