The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. A. A prosecutor 1) The lower court erred by misapprehending the fact that, at the time of the instant crime of mistake of facts, the Defendant could sufficiently recognize the fact that the Defendant attempted to rape the victim, but only recognized only the criminal intent of indecent act by compulsion on the grounds that there is insufficient evidence to acknowledge the criminal intent of rape. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

B. Defendant 1) At the time of this case’s mental and physical disorder, the Defendant was in the state of mental and physical disorder under the influence of alcohol. (2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. 1 of the judgment of the court below on the prosecutor's assertion of mistake of facts that the defendant tried to commit or attempted to commit the crime indicated in the facts constituting rape in the judgment of the court below, the court below did not make a statement to the effect that the defendant attempted to commit rape or sexual assault; i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court below; ii) the defendant did not attempt to commit sexual contact with the victim, ii) the contents of the statement prepared by the victim immediately after the occurrence of the instant case alone are hard to confirm whether the victim was sexually raped at the time of the instant case; and iii) the victim was investigated by the police after the written statement, stating, stating, "It was impossible for the prosecutor to make a statement to the effect that "the defendant attempted to commit rape or sexual assault with the offender, making it clear that he would have committed an indecent act from the perpetrator, and the defendant attempted to commit the crime in this case's indirect part of the evidence presented by the prosecutor."