The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal doctrine, has ceased to commit the crime of quasi-rape in the instant case, and thus, constitutes an attempted crime and ought to be mitigated or exempted from punishment.

B. The Defendant was physically and mentally weak at the time of committing the instant crime.

(c)

2. Determination of the court below's improper sentencing is unfair (the attorney's written opinion (Supplementary to the reasons for appeal) submitted after the expiration of the period for submitting the appeal shall be determined within the scope of supplement of the reasons for appeal specified in the reasons for appeal, and the attorney's argument that is not entirely stated in the reasons for appeal shall not be separately determined).

A. In a case where the commission of a crime is suspended by his/her own free will before the crime is completed, the suspension is not an obstacle to the completion of the crime in light of the general social norms (see Supreme Court Decision 2011Do10539, Nov. 10, 201). The health care unit of the instant case and the evidence duly adopted and examined by the court below are as follows: ① around June 14:30, 2015, the Defendant attempted to put the Defendant’s sexual flag into the part of the victim, using the victim’s mental and physical loss condition in light of the victim’s physical and mental loss condition, but the Defendant failed to put the victim’s sexual flag into the part of the victim’s drinking, but failed to put the victim’s sexual organ into the part of the victim’s drinking, etc. at the victim’s physical and mental loss in light of the victim’s physical loss and the fact that the Defendant was unable to put into the victim’s body in the part of the Incheon Metropolitan City.