All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts requested the victim in a de facto marital relationship for 19 years, but did not intend to rape by committing assault to the extent that the victim’s resistance is impossible or substantially difficult, and during that process, the victim’s sexual self-determination was not essentially infringed.

In addition, there is no fact that the defendant covered by gas dusts when the head of the victim is faced.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

(2) The sentence imposed by the lower court on the sentence of unfair sentencing (one year and six months of imprisonment, three years of suspended sentence, 80 hours of community service, 40 hours of attending sexual assault treatment lectures, 3 years of employment restriction) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In full view of the following circumstances, the lower court’s reasoning on the assertion of misunderstanding of facts regarding the crime of attempted rape, and considering the evidence adopted and examined by the lower court, the Defendant’s attempt to rape with the victim’s face with drinking and handout, and with the victim’s face, can be sufficiently recognized.

The judgment of the court below is just and there is no error of law by mistake.

(1) 피해자는 강간의 수단이 된 폭행행위에 대하여, 경찰 제1회 조사에서 “피해자가 다시 집안으로 들어가니 피고인이 따라 들어와서 피해자를 붙잡고는 ‘씹 한번 하자’라고 하면서 멱살을 잡고 옷을 벗겼다. 피고인이 피해자의 가슴을 핥으려 하고 바지를 벗기면서 음부에 손을 집어넣으려고 했다. 그러다가 피고인이 ‘죽여버린다’며 목을 조르고 뺨을 때렸다.”는 취지로 진술하였고(수사기록 제24쪽), 경찰 제2회 조사에서"피고인이 침대 위에...