The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant, upon obtaining the consent of the victim, was aware of the victim’s request of the victim that brought about the red sea of the mixed sea in line with his/her act of sexual intercourse with his/her intent to engage in sexual intercourse with the victim, and was aware of the victim’s clothes and shoes, etc., without any particular reason, without any proper location of clothes, and did so while driving away from the victim’s house. There was no fact that the Defendant detained the victim by preventing the victim from leaving rapeing the victim as stated in the facts charged in this case.

When the defendant denies the facts charged, he/she is found guilty to have heard that he/she may be detained, and made a false confession, so there is no credibility of confession.

On the other hand, the statements made by the victim that correspond to the facts charged in the instant case cannot be viewed as a general reaction of the victim who attempted rape in light of the details and contents of the victim's report. It is not objective rationality in light of the time interval between the victim and the victim.

B. In addition, the victim's partial statements are not consistent, and there is no credibility because the victim was unaware of the defendant in order to receive an agreement from the defendant.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

B. The crime of confinement in the judgment of the court below by misunderstanding the legal principles does not constitute a separate crime by absorbing the attempts to rape in the judgment below.

However, the judgment of the court below which judged the crime of rape and confinement as concurrent crimes under the former part of Article 37 of the Criminal Act is erroneous in the misapprehension of legal principles.

(c)

The punishment sentenced by the court below (two years of imprisonment, three years of suspended execution, and forty hours of lectures to treat sexual assault) is too unreasonable.

2. Determination

A. An ex officio determination for a person who was sentenced for a sex offense against a child, juvenile, or adult member for a period of ten years.