All appeals by the defendant and the prosecutor are dismissed.

1. Judgment on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine (not guilty part of the lower judgment)

A. According to the evidence presented, even if all of the facts charged about attempted rape are proven, the judgment of the court below which acquitted the defendant, is erroneous in the misunderstanding of facts and in the misapprehension of legal principles.

B. The lower court recognized the circumstances as indicated in its reasoning by comprehensively taking account of the adopted evidence, and based on this, proved that this part of the facts charged is beyond reasonable doubt.

It is difficult to see

The Court rendered a not-guilty verdict.

Examining the various circumstances cited by the lower court in a thorough and consistent manner with the record, there is no reasonable circumstance to deem that the lower court’s determination of evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is significantly unfair due to the violation of logical and empirical rules.

On the premise different from this premise, the Prosecutor’s assertion that the lower judgment erred by mistake of facts and misunderstanding of legal doctrine is rejected.

2. The Defendant asserts that the sentence of the lower court is too excessive and unfair, and the prosecutor asserts that the sentence against the Defendant is too unfasible and unfair.

If there is no change in the sentencing conditions compared with the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed an act four times against the victim’s chest and buckbucks indicating his intention of refusal, and the victim is punished against the Defendant.

However, it is favorable to the defendant that there is no criminal history exceeding the suspension of execution, and that there is no record of criminal punishment for the same crime.