The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) Although there was a misunderstanding of facts against the victim, there was no intention to rape the victim, and the victim was not aware of the fact that he was a juvenile. 2) The sentence of the lower court’s sentence against the Defendant of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. 1) The defendant and his defense counsel argued the same in the court below. The court below also held that the defendant and his defense counsel asserted the same in the court below's judgment. The court below recognized the victim's specific and consistent statement in investigation agency and the CCTV images and the victim's upper part photo corresponding thereto, and the defendant also stated that the victim had sexual intercourse with the victim if the victim did not refuse it; the defendant called the victim for assistance after the crime of this case; and the defendant went out from the juteel because the victim called the victim's phone; and the relationship with the defendant and the victim were sufficiently recognized. 2) The court below's judgment was just and acceptable in light of the above circumstances as stated in the judgment of the court below, and the defendant's act of assaulting the victim with the intent to rape as stated in the facts of crime of this case was acknowledged by evidence.