The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Although the summary of the grounds for appeal is sufficient to have sufficient evidence to prove that the Defendant was trying to commit rape by assaulting the victim, the lower court determined that there was insufficient evidence to deem that there was commencement of the commission of rape in violation of the rules of evidence, and thereby acquitted the Defendant of the facts charged in

2. The following paragraph (3) shall apply to a prosecutor who ex officio destruction reasons (in addition to the facts charged in reserve).

A. The Defendant was prosecuted on the charge of rape injury as stated in the facts charged, and the above facts charged were first raised in the trial, and the charges as stated in Paragraph (2) below are the primary charges. In addition, “indecent act by compulsion” was added to the name of the crime, “indecent act by compulsion” was added to Articles 301 and 298 of the Criminal Act, and “Article 301 and Article 298 of the Criminal Act” was added to the applicable provisions of the Act, and the judgment of the court below cannot be maintained as it was changed to

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is also examined.

3. Determination of the grounds for appeal (determination of the principal facts charged)

A. On November 24, 2013, around 18:00 on November 24, 2013, the Defendant, at the main point of “D” located in Ulsan Jung-gu, Ulsan-gu, had three persons, including victims E (n, 41 years of age) undergo alcohol.

At around 21:00 on the same day, the Defendant: (a) while drinking alcohol at the 5th “Grain Bank” located in F, the Defendant tried to rape by: (b) having the victim’s body divided the victim’s knee and knee, knee and knee, leaving the victim’s arms into a singing room under the influence of alcohol; and (c) having the victim’s knee and kne, leaving the Defendant’s arms into a singing room; and (d) having the knee and kne, leaving the Defendant’s knee and pan, leaving the Defendant’s kne down to the lower knee and talking the kne.