Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. In relation to the attempted rape, the Defendant and the person requesting the attachment order (hereinafter “Defendant”) did not intend to have a sexual intercourse by force by exercising the force to the extent to make the victim unable to resist, as a relationship with the victim, and did not intend to have a sexual intercourse against the victim’s will, even if having attempted to have a sexual intercourse against the victim’s will.

Even if the indecent act was committed, only the indecent act was committed.

B. A mentally and physically weak Defendant was under the influence of alcohol at the time of committing an attempted rape.

(c)

The punishment of the court below (the imprisonment of 3 years and 6 months and the fine of 5 million won) is too unreasonable.

(d)

The judgment of the court below which ordered the disclosure and notification of personal information for seven years against the illegal defendant of the disclosure and notification order shall be excessively harsh.

E. The lower judgment that ordered the Defendant to attach an electronic tracking device for a period of seven years on the part of the attachment order is excessively harsh.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts, the lower court can sufficiently acknowledge that the Defendant attempted to rape the victim and that there was intention to commit such rape.

Therefore, this part of the defendant's argument is without merit.

① The victim, at the police station, had a sexual relationship by entering his house around November 18, 2015, by the Defendant.

While getting off his body, getting off his body, "to die by dividing it into an operation of a ship", and pushed out his breast, the Defendant was satisfing and sating his bottom, satisfing him, sound, sound, satisfing his clothes without the horse, and the Defendant opened a satfing and sexual intercourse at around 10:00 on the same day and opened a satfing on the same day.

At the same time, one's chest was used and the shoulder was divided, and the defendant's arms are sold.