The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) In the event of the instant case, the Defendant, along with the victim at the time of the instant case, was in a state of mental disorder under the influence of alcohol, and there was no fact that the victim tried to rape. 2) The Defendant was under the influence of alcohol at the time of committing the crime.

3) The sentence sentenced by the first instance court of unfair sentencing (two years of imprisonment, etc.) is too unreasonable. (B) The prosecutor 1) erroneously determined that the victim of misunderstanding of facts suffered bodily injury from the Defendant’s crime but the first instance court did not have any injury in the crime of rape.

2 The sentence imposed by the first instance court of unfair sentencing is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and mental and physical disorder, the first instance court also asserted the same purport as the grounds for appeal in this part, and the first instance court rejected the Defendant’s assertion with detailed explanation of the various circumstances in the “judgment on the Defendant’s and his defense counsel’s assertion.” If the first instance court’s judgment is compared with the records, it can be justified in its judgment, and therefore, this part of the Defendant’

B. As to the prosecutor's assertion of mistake of facts, the first instance court rejected the prosecutor's assertion of the defendant by clearly explaining various circumstances in paragraph (2) of "the part of acquittal" among the judgment, and comparing the judgment of the first instance with the records, the judgment is just and acceptable, and the prosecutor's assertion of this part is without merit.

C. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant was committed and attempted to rape the victim, who is a juvenile. However, the victim appears to have suffered a serious fear and sense of shame at the time of the instant case, and appears to have suffered a considerable mental pain thereafter, there is an unfavorable element of sentencing.

(b).