All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant: (a) On January 13, 2017, the Defendant’s assertion of misunderstanding of facts (in relation to attempts to commit quasi-Rape), including the assertion of misunderstanding of legal principles and mental and physical disorder; (b) the Defendant’s defense counsel appeared at the first trial date on January 24, 2017, and withdrawn his/her allegation of misunderstanding of legal principles and mental and physical disorder.

The Defendant, on March 29, 2017, newly stated the reasons for appeal by the Defendant, “ even if the Defendant had his sexual organ, he shall take the her sexual organ out.

Although it is recognized that the victim had been placed in the victim's entrance, that alone started the implementation of similar rape.

Now, the defendant did not have the intent to commit the quasi-rape of rape.

In addition to the misapprehension of the legal principles to the purport that “the grounds for appeal are added, but this is alleged after the lapse of the period for filing an appeal, so it cannot be deemed a legitimate ground for appeal. Therefore, the court shall urge ex officio adjudication.

The victim G would not sell alcoholic beverages because he/she went to his/her teahouse.

It has been driven by the driver, but it is not easy to boom the sexual flag or assault the victim.

B. Prosecutor: The lower court’s sentence claiming unfair sentencing (the completion of a sexual assault treatment program with 2 years of imprisonment and 40 hours of imprisonment) is too uneased and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the Defendant’s assertion of misunderstanding of the facts, the court below, based on the evidence and its reasoning admitted by the evidence, had the intent of committing similar rape by taking advantage of the victim’s resistance impossible condition, and had the victim resisted his/her sexual organ, and had the victim resisted himself/herself and resisted to put him/her into the victim’s entrance, thereby committing the attempted rape (in case where the victim committed an act that can be deemed as a means of indecent rape by taking advantage of the victim’s resistance impossible condition, even if there was no direct contact to the victim’s body, the court commenced the implementation of quasi-similar rape.

§ 23.