The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

1. Summary of grounds for appeal;

A. Although the victim’s statement in the court of the court below and in the investigation agency that sexual intercourse with the victim of misunderstanding of facts has been concluded, the court below rejected the credibility of the statement and found the victim to have been attempted, it was erroneous that the victim's statement was false.

(2) The lower court’s sentence is too uneasible and unreasonable.

B. Defendant (1) misunderstanding of facts or misunderstanding of legal principles, and the Defendant was living together with the victim, and thus, the Defendant did not intrude the victim’s house.

(2) Even if it is not so, the defendant is deprived of illegality because he was killed with the presumption consent of the victim in peril.

③ In light of the fact that the Defendant was living together with the victim, and that the living together was continued even after the instant case, the Defendant did not have attempted to rape the victim, and only stop because the victim did not respond to his/her sexual intercourse as he/she attempted to sexual intercourse.

(2) The sentence of the lower court is too unreasonable.

2. Determination:

A. (1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of the statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall make the first instance judgment on the grounds that the first instance court’s judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment.