The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant is a sexual assault treatment program for 80 hours.

1. Summary of grounds for appeal;

A. In other words, the Defendant, by misapprehending the legal principles and mistake of facts, tried to get off and engage in sexual intercourse with another person who exercised a tangible force in order to rape the victim, but did not reach sexual intercourse by resisting and resisting the victim.

This should be viewed as a situation that impedes the completion of a crime under the general social norms, and the defendant does not voluntarily stop the crime.

The lower court, which recognized the attempted suspension of the instant crime, erred by misapprehending the facts and by misapprehending the legal doctrine.

B. The lower court exempted the Defendant from punishment on the ground that the facts constituting the crime in the judgment were the attempted suspension.

Considering the fact that the nature of the crime of this case is poor and the defendant committed the crime of this case during the period of parole, the sentence of the court below is too uneasible and unfair.

2. Determination

A. An action of a judgment of misunderstanding the facts and misapprehension of the legal doctrine is commenced, and if the commission of a crime was suspended by his own free will before the crime is completed, it constitutes an attempted crime unless the suspension by a person appears to be an attempted crime due to an impediment to the general social norms (see Supreme Court Decision 93Do1851, Oct. 12, 1993, etc.). From the evidence duly adopted and investigated by the court below, the following circumstances acknowledged by the court below are consistently adopted and investigated by the investigative agency, namely, although the defendant tried to consistently sexual intercourse with the victim by forcing the investigative agency, the defendant suspended the crime, “if the victim continues to have sexual intercourse with the victim, and only if it is possible for him to have it known in the future, it shall continue to exist, and if so, it shall be deemed that the victim was not guilty.”

The statement is made (Evidence Nos. 328, 382-384) and the victim also tried to capture or get out of the victim's chest, but the victim refused to do so, and the defendant suspended the crime without taking out the chest or getting out of the victim's chest, and he was imprisoned at the time of debrising, and was imprisoned.

(b) make a statement;