The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

For the defendant.

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal principles (the part not guilty for the reason: the Defendant’s attempted rape against the victim D) committed rape against the victim D, since the Defendant revealed his/her will to go to his/her house, and was placed on the part of the victim D, sealed his/her chest, was pushed down on the part of his/her chest, and started the force of suppressing the victim’s resistance, such as the victim’s chest and her hair were bat, and her bat and bat are faced with bat, and the victim’s resistance was fatd. Thus, the Defendant commenced the commission of rape against the victim D.

However, the judgment of the court below which acquitted the victim D on the ground that the attempted rape was committed, and found the defendant guilty on the charge of forced indecent act, is erroneous in the misapprehension of legal principles as to mistake of facts, the degree of assault and intimidation in the crime of rape, and the commencement of rape.

2) It is improper for the lower court to exempt the Defendant, who is in danger of recidivism, from issuing an order to disclose or notify personal information.

3) The sentence that the lower court rendered unfair sentencing (ten months of imprisonment and forty hours of lectures for the treatment of sexual assault) is too unhutiled and unreasonable.

B. The sentence that the court below rendered by Defendant (unfair sentencing) is too unreasonable.

2. Determination

A. Regarding the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine on “the attempted rape”, the summary of the facts charged is as follows: (i) the Defendant, at the Defendant’s dwelling room located in Ulsan-gu, Ulsan-gu, on June 24, 2016, in the Defendant’s workplace in the same workplace as the head of the team (hereinafter in this part, referred to as “victim”) and the victim D who was working as the head of the team in the same workplace as the Defendant (hereinafter in the judgment of this part, referred to as “victim”); and (ii) the Defendant’s grandchildren who want to return to Korea with drinking after drinking; and (iii)

니는 기다릴 사람 없잖아, 애 다 컸잖아

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