The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A sexual assault therapy program against the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant, due to a traffic accident in the past, misunderstanding of facts, has a pain to the present time, the Defendant satisfying down the steel depth on the chain line, so it is de facto impossible to move the victim who has been at least 50 km from the F-business taxi operated by the Defendant to the JFF car (hereinafter referred to as the “CF car”), and it is apparent that the Defendant did not have the victim on the screen by deeming that the victim’s DNA was not detected at all on the car in the car operated by the Defendant, and it is obvious that the Defendant did not have the victim on the Kaf vehicle. The taxi taken on the screen by cutting down each CCTV related to the crime of this case (hereinafter referred to as the “instant taxi”) is in color of external color and did not appear under each sentence, it is evident that the Defendant is not a taxi driving by the Defendant.

In addition, according to the table of the request for appraisal by the National Scientific Investigation Agency of Korea, even though the fixed amount of the defendant was found in the victim's panty, the fixed amount of the defendant was not found in the quality of the victim, and the Red Sea component was not detected in the body of the victim. If the defendant has committed sexual intercourse with the victim without wearing the mixed Sea, the fixed amount should be found in the quality of the victim, and if the defendant worn the mixed Sea, the fixed amount should not be found in the victim's panty, so the above request for appraisal is not reliable.

Therefore, despite lack of evidence as to the facts charged of this case, the court below erred by misunderstanding the facts by finding the defendant guilty that the defendant attempted to have sexual intercourse with the victim who was unable to resist under the influence of alcohol and attempted to have sexual intercourse.

B. The sentence imposed by the court below on the defendant (five years of imprisonment, 40 hours of completion of sexual assault treatment programs, information disclosure, and 7 years of notice) is too unreasonable.

2. Determination

A. The court below held ex officio that the defendant kidnapped and induced the victim for the purpose of sexual intercourse.