All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment (two months of imprisonment, two years of suspended execution, etc.) imposed by the lower court is too unreasonable.

B. According to the prosecutor's (1) misunderstanding of facts (not guilty part) statement of the victim, the defendant tried to capture the victim's chest with the intent to rape the victim, and in the process, the victim satisfe and faces the victim's satisfy to suppress the victim's resistance as the victim satisfe and resists the victim's finger, and thus, at the time of the instant case, the defendant had the intent to rape.

Furthermore, it is reasonable to view that the Defendant’s act of taking the victim as above constitutes assault as stated in the crime of rape and the commission of the crime of rape was initiated.

Nevertheless, the court below which rendered a not guilty verdict of attempted rape has erred in misunderstanding of facts.

(2) The sentence imposed by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

A. The summary of this part of the facts charged is from around 01:0 on March 6, 2019 to around 01:30, the Defendant tried to keep the victim’s resistance and to have sexual intercourse with the victim D (the age of 42, the victim), who d (the age of 42) who drank together with the Defendant’s home located in the Gangnam-gu Officetel C from around 01:30 on the day immediately before the night night, and the victim tried to have the victim d (the age of d) who d (the age of d (the age of d2) d (the age of d) d (the d) d) d) d (the victim d) d (the d) d) d) d (the victim d) d) d (the d) d) d) d (the victim’s d) d (the victim’s d) d (the victim’s d) d.