The defendant's appeal is dismissed.

The gist of the grounds for appeal is as follows: (a) the Defendant: (b) misunderstanding the fact that the Defendant had attempted to rape the victim; (c) obstructed rape from the victim; and (d) borrowed KRW 200 million to the male victim who was only at the golf course; (d) Then, the victim’s cell phone call was gathered on the victim’s head head; and (e) the victim and the victim were injured by the victim during the process of punishing the victim and the body fighting.

In addition, there is no fact that the victim reported to one police again leads the victim to the Western room, and has attempted a two-lane sexual relationship after he gets over the shoulder.

As such, the injured party’s wife did not occur in the course of rape but occurred after the completion of attempted rape, this part of the facts charged should be regarded as concurrent crimes for the purpose of rape and the crime of injury, but the court below found the guilty of the injury resulting from rape. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

The punishment sentenced by the court below (three years of imprisonment, four years of suspension of execution, two years of protection observation, 40 hours of completion of sexual assault programs) is too unreasonable.

Judgment

In relation to the assertion of misunderstanding of facts, the result of thought includes not only cases where the act of rape was committed in itself, or where the act of rape was committed as a means of rape, but also cases where the act of rape was committed (see Supreme Court Decision 94Do2781, Jan. 12, 1995, etc.). Based on the above legal principle, the following circumstances acknowledged by the court below, including the statement of confession in the court below and the defendant’s court, were duly adopted and investigated as a whole, the defendant attempted to commit assault and sexual intercourse with the victim with the intent of rape, and the victim’s refusal.