The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Regarding the important facts that the Defendant, at the time of the instant case, made panty and made panty, and made out of her sexual organ, the victim made a concrete and consistent statement, and thus, the Defendant committed an attempted rape similar to the larceny. As such, the Defendant committed an attempted rape.

Determination shall be reasonable.

The lower court acquitted the Defendant on this part of the facts charged by misunderstanding the facts.

B. The punishment sentenced by the lower court (four years of imprisonment) is too uneasy and unfair.

2. Determination

A. On July 27, 2020, at around 21:30 on July 27, 2020, the Defendant was trying to engage in similar rape with C, stating that “I am out of his/her will and panpanty and out of his/her sexual organ,” and “I am out of the entrance and exit of C” in the front of the residence of Non-cheon City C, thereby covering the property to be stolen by opening up the door door door of the entrance and rupture, and hiding C in the inner warehouse of the toilet in which the damage occurred. However, C am out of his/her body and panty and panpanty, and attempted to commit an attempted rape with C, by threatening C am out of his/her body and panty.

2) The lower court’s determination is consistent with C’s investigative agency to the court of the lower court as to the fact that “A was making a statement on the Defendant’s side at the time of stating “A promptly,” and it seems that C had no special circumstance to make such a false statement, and there was a doubt as to the Defendant’s attempt to commit similar rape as indicated in the facts charged. However, the evidence submitted by C’s statement and the prosecutor alone is sufficient to hold that C said statement and the evidence presented by the prosecutor as above are sufficient to say “ promptly” to C, by making the Defendant’s own will and panty and giving out the sexual organ.