The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the fact that the defendant was found in the victim's primary skin, brote, and panty, the defendant did not clearly explain the reason, and the defendant's clothes, etc., it is reasonable to see that the defendant would tear the original skin and inner clothes for rape of the victim; the victim also saw the victim's mental condition after her her sensing, and stated that "the defendant thought that she was about to commit rape." Even though the defendant clearly proves that she attempted to commit rape, the court below acquitted the defendant of this part of the facts charged, the court below erred in the misapprehension of facts, although it found the defendant guilty of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too minor.

2. Determination

A. On August 14, 2019, from around 14:05 to 14:48 of the same day, the summary of this part of the facts charged is as follows: (a) the Defendant, at the main point of the “D” management of the age of 54, performed drinking together with the victim; (b) the victim told the Defendant that he would return to the Defendant; (c) entered the said main point; and (d) went back to the body of the victim for the purpose of rape.

The Defendant: (a) the victim, who was sitting on the floor of the room, was able to see the chest part of the victim’s chest part and the brode part by hand; (b) the victim was pushed down with her finger, and her chested on the floor; (c) the victim was strokeed by her hand; (d) the victim was strokeed by her hand; and (e) the victim was strokeed by her hand so as to prevent the victim from resisting against her panty; and (e) the victim was tried to have sexual intercourse with her panty; (e) the victim was tried to have her panty, but the victim was not able to see the panty part and the panty part and the brode part.

Accordingly, the defendant is the victim.