The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the defendant tried to lying the victim's arms on a bed with the victim's body by putting the victim's arms on a bed while drinking with the victim, and kiscing the victim's body, the court below found the defendant guilty of attempted rape by misunderstanding of facts and misunderstanding of legal principles, despite the fact that the defendant clearly made it impossible or considerably difficult to resist the victim's resistance, and even if the commencement of the commission of rape was also recognized.

B. The sentence imposed by the lower court on the Defendant (a fine of 1.5 million won) is too uneased and unreasonable.

2. Determination

A. In order to maintain the previous facts charged at the trial, the prosecutor applied for permission of the modification of the indictment to add "Articles 298 and 300 of the Criminal Act" to the ancillary facts charged under the applicable provisions of the Act, and applied for permission of the modification of the indictment to add each of the ancillary facts charged (as the prosecutor added the ancillary facts charged at the trial, the initial facts charged became the primary facts charged). This court permitted this.

Therefore, this part of the judgment of the court below was no longer maintained as the subject of the judgment was changed in the trial.

However, even if the judgment of the court below has such reasons for reversal of authority as above, the prosecutor's assertion of mistake and misapprehension of legal principles as to the primary facts charged is still subject to the judgment of the court.

B. On July 20, 2013, at around 09:00 on July 20, 2013, the Defendant: (i) made a decision on the mistake of facts and misapprehension of legal principles by the prosecutor on the primary facts charged; (ii) sent the victim C (the age of 25) who was working in the restaurant in the name of “G” located in Daejeon Seo-gu, Daejeon; and (iii) made a drinking with the victim at around 11:30 on the same day; and (iv) purchased the beer and purchased the beer.

The defendant has entered the victim and the above telecom 508.