A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

The defendant has attempted to rape with the consent of the victim by mistake of facts, and there is no fact that the defendant attempted to rape with the victim, such as the crime, when the original trial was conducted.

The sentence of imprisonment (one year of imprisonment) imposed by the court below on the accused of unfair sentencing is too unreasonable.

Judgment

The following circumstances acknowledged by evidence duly adopted and examined by the court below and the court of original instance as to the assertion of mistake of facts: ① the victim has consistently stated the circumstances before and after the crime of this case and the situation at the time of the crime, etc.; ② there is credibility in its statement because there is no contradiction or unreasonable parts in its contents; ② The defendant, contrary to this, led to the confession of the crime of this case at an investigative agency and the court of original instance, but did not explain the reason or circumstance that reversed the statement at the court of original instance, not only did it explain the reason or circumstance that reversed the statement at the court of original instance, but also did not submit any evidentiary material to the investigative agency and the court of original instance that conform to the victim’s statement, and ③ the defendant has obtained the victim’s consent on the sexual relation with the victim at the time, on the ground that he committed an act such as the victim’s sexual organing, etc., but at the time, the victim was discharged from all clothes of the victim while beling the victim’s body during the sobeling.