A. The Defendant alleged a misunderstanding of facts and misapprehension of legal principles did not have attempted to rape the victim E on March 9, 201, and on March 13, 2011, sexual intercourse with the victim was committed under an agreement, not rape, and on March 20, 2011, there was no threat of the victim at the office of the Seoul Young Military Police Station on March 20, 201, and there was no fact of threatening the victim from March 21, 201 to March 30 of the same month.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment, and five years of the disclosure order and notification order) is unreasonable.

2. Determination

A. The lower court’s judgment 1 on March 9, 201 on the assertion of misunderstanding of facts as to attempted rape and misapprehension of legal principles as to the following circumstances acknowledged by the evidence in its judgment: (i) the situation at the time of the crime from an investigative agency to this court; (ii) the situation at the time of the crime; (iii) the background leading up to the victim’s house; and (iv) the victim’s speech and behavior committed before and after the crime; and (iii) the victim’s attitude to make the statement in this court is too serious; and (iv) the victim was sufficiently reliable to make the statement; and (v) the victim was trying to leave clothes and forced sexual intercourse with the victim’s body while trying to get out of the clothes of the victim; and (iii) the victim’s body continued to have an attempted rape with the victim at the time of the crime; and (v) the victim’s s/he attempted to have an attempted rape with the victim at the time of the crime, even though the victim’s body continued to have been raped by the victim.