The prosecutor's appeal is dismissed.

1. Summary of the prosecutor's grounds for appeal;

A. According to the statement by the victim of mistake of facts or misunderstanding of legal principles, it is recognized that the defendant committed a physical contact to a certain extent at the time of the instant case, and even if there was no physical contact between the defendant

However, it is reasonable to view that the act of taking advantage of the victim immediately next to the victim, in which the defendant was able to engage in sexual intercourse with his own clothes, has commenced an act as a means of sexual intercourse.

Therefore, the lower judgment that acquitted the part concerning attempted quasi-rape on residence is unlawful.

B. The lower court’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution) declared by the Defendant is too uneasible and unreasonable.

2. Determination

A. The commencement time of the crime of quasi-rape under Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes ought to be deemed as the time when the crime of quasi-rape is committed, and the commencement of the crime of quasi-rape ought to be deemed as the time when the crime of quasi-rape is committed (see, e.g., Supreme Court Decisions 2003Do1455, May 16, 2003; 2011Do9593, Dec. 13, 2011). The commencement time of the crime of quasi-rape commences an act that can be deemed as the means of sexual intercourse with the victim’s intent to engage in

(2) In light of the above legal principles, the court below's determination that the defendant had the intent to have sexual intercourse with the victim in a state of failing to resist, and the defendant had the intent to have sexual intercourse with the intent to have sexual intercourse with the victim in a state of failing to resist, and the prosecutor's allegation in this part is without merit, in light of the above legal principles and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below.

(1) The victim is the body of the police who is locked by the defendant.