The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The court below found the defendant not guilty on the grounds that he attempted rape, which is the primary facts charged, and found the defendant guilty of a forced indecent act, which is the ancillary facts charged. The defendant filed an appeal against the conviction part of the court below, and the prosecutor filed an appeal only against the conviction part of the court below and did not appeal against the acquittal part of the reasons.

Thus, the part of innocence in the above reasoning is also remanded to the trial in accordance with the principle of indivisible appeal, but this part is already excluded from the object of attack and defense between the parties, and thus, it cannot be determined by this court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004, etc.). Accordingly, the conclusion of the judgment of the court below is to be followed with respect to the part of innocence in the above reasoning, and it is not judged separately.

2. Summary of reasons for appeal;

A. The misunderstanding of the facts and the legal principles of Defendant 1) were found to have been exempted from the fright of the Defendant’s house, and the Defendant 2 through 3 times putting the victim’s knife into the house and putting the knife inside the house. However, there is no fact that the Defendant, in order to turn on the inside and outside of the house, she left the knife between the victim entering the inside and outside of the house in order to let the knife knife knife knife knife knife knife knife knife knife knife, or knife knife k

Since then, the defendant sent cash to the convenience store to the victim, and did not immediately leave the victim, and the victim did not enter the victim, and the victim would be able to be mistaken for his sexually or bad intent, and sent a letter message with the will.

Rather, the victim is the defendant.