The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

For seven years, the disclosure of the information on the accused.

1. Summary of grounds for appeal;

A. As to the mistake of facts and attempted rape, it is unreasonable that the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") voluntarily ceased to commit the crime, but the court below did not reduce or exempt the punishment by the attempted suspension provision.

B. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability.

C. The lower court’s sentencing (one year of imprisonment, seven years of disclosure and notification order, seven years of attachment order) is too unreasonable.

2. In a case where the commission of a crime is suspended by his/her own free will before the crime is fully committed, whether the discontinuance constitutes an attempted discontinuance, unless the suspension is due to circumstances that obstruct the completion of the crime under ordinary social norms;

(See Supreme Court Decision 97Do957 delivered on June 13, 1997, etc.). According to the victim's investigative agency's statement, the victim's statement can be acknowledged that the defendant physically could not physically suppress the victim's resistance (in spite of the victim's opposition), the victim's act of indecent act continues to exist, and the defendant cannot be seen as an obstacle to the general public in terms of social norms, even though the victim's speech or mother living together with the victim's speech or mother was in the state of stopping the crime, and the defendant was aware of it until the day following the night duty (see, e.g., Supreme Court Decision 97Do957 delivered on June 13, 1997).

Therefore, crimes of attempted rape committed by the defendant are committed.