The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact-finding (not guilty part) The defendant, despite the explicit detention of F, who is a person living together with the victim, was invaded by a window by finding the victim's residence, and found that he was in the form of a person who was in the body of the victim after about one hour and about 15 minutes from the victim's room. Thus, the defendant attempted to have sexual intercourse with the victim after entering the victim's room for sexual intercourse with the victim's clothes.

In light of the empirical rule, there is no evidence as to whether the Defendant and the victim had sexual intercourse on the preceding day of the instant case, and even if there was sexual intercourse between the Defendant and the victim, the Defendant and the victim had sexual intercourse.

Even after the occurrence of the above case, as long as the sperm of the defendant was detected within the victim's quality after the occurrence of the above case, and as long as the semen can be easily seen through shower, etc., it is difficult to view that the detected semen was caused by the sex relationship in the preceding day, and therefore, it can be recognized that the defendant can be recognized that he exceeded the clothes of the victim in a state of anti-rape and has sexual intercourse with the victim, or that at least he started the execution of quasi-rape, the judgment of the court below acquitted the defendant of quasi-rape among the facts charged in this case.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. Determination

A. On August 12, 2015, at around 00:00 on August 12, 2015, the Defendant found the victim’s clothes in a situation where he was unable to resist, and found the victim’s clothes, when he came to the house of the victim E (n, e.g., 37 years of age) located on the second floor of Mapo-gu Seoul Mapo-gu D Housing, and opened the door. However, any other person’s body intrudes on the house through the window in which he was opened, and found the victim in a situation where he was unable to walk, and went to drinking and water exemption from the room.