The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

The summary of the grounds for appeal is as follows: (a) the Defendant was able to teach the victim with the victim, and had sexual intercourses with each other.

On February 17, 2014, the date of birth of the defendant, after drinking alcohol at the defendant's house and drinking alcohol at night, and after drinking the victim's oral dispute with the victim, there was no fact that the victim, while drunk, tried to commit rape only with his/her house.

Between toilets

The victim was returned to his house without the end of his speech.

The victim tried to place the victim on an inner bed, and the victim was faced with the victim's head who resisted against him/her, and faced with him/her several times on the wall. If the victim was faced with head on the concrete wall side of the inner bed, he/she must be placed in the head of the victim's head. However, there is no room for the victim to receive treatment with no standing room.

The victim made a more concrete statement than once when he/she made a statement at the police twice after a month from the first statement made by the police, and after the passage of time, it is difficult to believe that the victim's statement more concrete is contrary to the rule of experience.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged based on the victim's statement with a high credibility is erroneous in misconception of facts.

There is no fact that the defendant commits an indecent act by compulsion or assault against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of each part of the facts charged is erroneous in mistake.

Judgment

On February 18, 2014, the summary of the charge of the judgment on the attempted rape is as follows: (a) the Defendant, at the Defendant’s house No. 1703 407-dong, Dobong-gu Seoul Metropolitan Government, 1703-dong 407, and (b) the Defendant, together with the victim D (the 50-year old age) who was under the teaching system, did not see the victim’s other male talks, and subsequently, prevented the victim from taking away from the room of the defective victim who tried to return to the other male.