A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

A. Regarding misunderstanding of facts or misunderstanding of legal principles, violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (13 years old, minor rape, etc.), the defendant's act of rape was discontinued during the crime, and thus constitutes

Nevertheless, the court below erred by misunderstanding the fact that the court below did not recognize the attempted suspension of the above charges or by misunderstanding the legal principles, which affected the conclusion

B. The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts or misapprehension of legal principles 1) In a case where an act of crime was commenced and the act of crime was suspended at one’s own free will before the crime was completed, it constitutes an attempted suspension if the suspension was not due to the circumstances that interfered with the completion of a crime under general social norms (see, e.g., Supreme Court Decisions 85Do2002, Nov. 12, 1985; 93Do1851, Oct. 12, 1993; 97Do957, Jun. 13, 197). 2) According to the evidence duly adopted and examined by the court below, the court below attempted to insert the victim’s chest and sound, and when the victim’s age came into existence, the victim’s sexual intercourse was not easy to inserting, and the victim’s body’s sexual intercourse was suspended.

According to the above facts, the defendant's crime committed an attempted crime is due to the fact that it was difficult for the victim's age to insert his sexual organ excessively. This constitutes an obstacle to the completion of the crime even in light of the general social norms, and thus, the defendant's attempted crime was suspended on the ground that it was not added to the crime of rape.