A. Although there was no fact that the defendant attempted to rape with the intention to rape, such as misunderstanding of the fact, the court below found the defendant guilty of the charge of this case. The court below erred by misapprehending the legal principles and misunderstanding of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The following circumstances, which were duly adopted and examined by the lower court in determining the assertion of mistake of facts, are: ① When the victim went to the studio of D from the investigative agency to the court of the lower court, the Defendant had already been under the influence of alcohol, and the victim was seated next to the Defendant.

From the beginning, the Defendant took a bath with “I am, I am, I am, I am, and I am am,” but the victim tried to do so according to reference.

Defendant has been able to know in other places.

The term "the same years" was expressed equally.

From two remaining drinking, the Defendant met the chest of the victim himself/herself, and took a bath.

The victim was about 20 parts of the victim's 20 minutes and tried to go back to the Defendant, but the Defendant got out of the victim and her panty by putting the victim up, and her panty, and she exceeded the panty.

The victim fell under the bottom of the will of the victim, and the defendant was born from the victim, and reported that the victim was born.

피고인이 피해자의 옷을 벗기려 다 손톱으로 피해자의 가슴을 긁어 빨갛게 되었다” 고 구체적이고 일관되게 진술한 점, ② D 운영자 F도 수사기관에서 “ 피고인이 들어올 때 술 냄새가 많이 났고, 들어오면서 ‘ 사기를 당하고 왔다’ 고 하였다.

The degree of 20 to 30 minutes of the entry of the damaged person into the studio has filled the studio, running the studio.

When a carper is located, the victim himself/herself enters.