A. Defendant (1) did not intend to rape a victim of mistake of facts.

(2) The sentence of the lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant attempted to rape the victim G can be sufficiently recognized.

B. The Defendant and prosecutor’s assertion of unfair sentencing against the Defendant and prosecutor denies some of the crimes in the trial, and there are unfavorable circumstances, such as the fact that the Defendant committed a repeated crime period. However, considering the fact that the victim G does not want punishment, and other various sentencing conditions indicated in the record, such as age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable and so it is unreasonable to avoid destruction.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.