The prosecutor's appeal is dismissed.

Summary of Reasons for Appeal (in fact-finding, unreasonable sentencing)

A. According to the statements, etc. of the victim whose credibility is recognized, it is recognized that the defendant attempted to rape the victim as stated in this part of the facts charged, but that the defendant committed such rape.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (five million won of a fine) is excessively unjustifiable and unjust.

2. Determination

A. On May 7, 2017, the summary of this part of the facts charged is as follows: (a) the defendant returned home on May 7, 2017, 05:00, the defendant tried to rape with the victim's panty, but the defendant was out of the victim's body and resisting the victim's knee, knee, knee, knee, knee, knee, knee, and tried to commit rape with another hand, but the defendant was out of the victim's panty, resisting the victim's body and strongly against the victim's escape and intent outside the house. (b) The judgment of the court below is just based on the evidence duly adopted by the court below to the effect that the defendant was out of the victim's panty, and that there was no intention or intent to rape with the victim, and that there was no intention or intent to commit rape with the victim's statement made by the victim.