1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of five years from the date this judgment becomes final and conclusive shall be the same.

1. Summary of grounds for appeal;

A. There was no misunderstanding of the facts or misunderstanding of the legal principles that the Defendant had no intention to rape and there was no commencement of the commission of rape.

The injured party's wife does not constitute an injury in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "crime in this case").

B. The punishment of the lower court (five years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion that there was no intention or commencement of the commission, the lower court sufficiently recognized that the Defendant had the intent to commit rape and commenced the commission of the commission of rape.

Therefore, we cannot accept this part of the defendant's assertion.

① The Defendant considered the victim during the road, and followed the victim, and then waited at the outer wall of the Bara parking lot by waiting for the victim, and opened the body of the victim to separate him/her from the outer wall of the Barae, putting him/her into the body of his/her house into the Bara, putting him/her a door into the house, putting him/her into the new place, and she lost the center to prevent the victim from suffering in the house, and fleded the victim.

It is sufficient to view the defendant's act as an assault that makes it impossible or considerably difficult to resist the victim.

(2) The defendant has a net sexual desire to enter the victim's house to the prosecution.

was stated.

(3) The defendant reported the victim that he/she had a sense of care and thought that he/she was a woman-friendly friend, and asked contact information.

However, it is against the rule of experience to enter the house of a female who first sees to ask for contact information, when waiting to wait for the victim, and the victim followed the victim, and to ask for contact information, even if there was a sufficient opportunity to ask contact information.

(b) injury;