The defendant's appeal is dismissed.

Summary of Grounds for Appeal

It is true that the defendant attempted to have sexual intercourse with the victim who was locked under the influence of alcohol in the room of a lusian female lussium, which had been able to stay in the date stated in the facts charged of this case.

However, the defendant did not intrude the above guest room with the intent of sexual intercourse with the victim at the time, but entered the above guest room with the victim's view to confirming the victim's situation after entering the above guest room.

Therefore, even though the defendant did not constitute a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is premised on the imprisonment of Residence, in addition to the crime of attempted quasi-rape under the Criminal Act, the court below's judgment convict

Even if the charge of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant is found guilty, in full view of the fact that the Defendant did not have the same criminal power, the Defendant committed an attempted crime, the Defendant committed the instant crime by contingently under the influence of alcohol, and the Defendant is obliged to support his or her wife and her children who have difficulty in maintaining their livelihood, the sentence of the lower court is too unreasonable.

The Defendant asserts that the lower court’s determination of the mistake of facts and misapprehension of the legal doctrine regarding the grounds for appeal are all recognized, but the lower court denied the intention of the part concerning the admission of residence, and that the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is not established, aside from the establishment of the crime of attempted quasi-rape under the Criminal Act.

The confession made by a defendant in the court of first instance is different from the statement made in the court of appeal.