A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. According to the evidence submitted by the prosecutor, a prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles, the defendant committed the crime causing rape as stated in the facts charged (in particular, the injury as described in the facts charged may be sufficiently recognized, but the court below recognized only the attempted rape for the reasons indicated in its holding, and acquitted the defendant on the injury resulting from rape. The court below erred by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor, prior to the judgment on the ex officio, the prosecutor maintained the facts charged against the Defendant causing rape, while maintaining the facts charged as the primary facts charged, and applied for amendments to the indictment with the content that added the attempted rape and the facts charged of injury, such as the statement of the facts charged in the crime committed in the first instance. The subject of the judgment was changed by this court upon permission.

In doing so, as seen below, this Court rendered a not-guilty verdict on the injury resulting from rape, which is the primary charge, and convicted all of the attempted rape and injury added in preliminary charges, so the judgment of the court below cannot be maintained as it is.

However, despite such reasons for reversal of authority, the prosecutor's mistake or misapprehension of legal principles as to the primary facts found not guilty at the court below is still subject to the judgment of this court, and this is examined.

B. As to the prosecutor’s assertion of mistake of facts or misapprehension of the legal doctrine, this part of the facts charged is the primary charge.