The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인은 H빌라 206호에 침입하여 잠에서 깬 피해자 I의 입을 손으로 막고, 이어 위 피해자 I의 비명소리를 듣고 잠에서 깬 J의 입을 막으려고 위 피해자의 입에 손을 댔다.

In addition, the Defendant infringed on the dormitory 224 of a female student of C University, thereby preventing the victim from being injured by the victim L who embling and resisted to sound, and threatened the victim with “debrisingly”.

According to the victim I, J, L and M's statements, etc. concerning the situation at the time, it can be sufficiently recognized that the defendant prevented the victims from suffering from the victims by his/her hand in order to commit the crime with the intent to rape, and that the victims "debrisingly" were victims L.

Nevertheless, the lower court determined that the Defendant’s use of force to the victim I, J and L, as stated in the facts charged, does not aim at rape or indecent act by force, but rather at suppressing the victims, and it is difficult to readily conclude that the Defendant had a criminal intent by rape or indecent act by force at the time of the above act, and on the ground that it is difficult to deem that there was a commencement of rape or indecent act by force, it constitutes a case where there is no proof of a crime under the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence, etc.) and the Act on Special Cases Concerning the Punishment of Sexual Crimes (Rape, etc.).

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the mistake of facts or the intention and the commencement of rape.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

2. An ex officio determination prosecutor shall have attempted to intrude a victim G with his/her residence, in the case of the party.