All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (1) Although Defendant (1) misunderstanding of facts did not have tried to rape the victim, the lower court found Defendant guilty of the facts charged in the instant case by misunderstanding of facts.

(2) The sentence imposed by the court below on unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the evidence duly admitted and investigated by the court below, the court below's finding the defendant guilty of the facts charged in this case is just and there is no error of mistake of facts as alleged by the defendant.

B. In light of all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, details and result of the crime, and circumstances after the crime, the sentence imposed by the lower court is too heavy or unreasonable, in light of the following factors: (a) the Defendant, despite the past record of two or more times of punishment and punishment for the same crime; (b) the victim was punished for the Defendant; (c) the degree of injury was limited to attempted quasi-rape; and (d) the degree of damage was not relatively heavy; and (e) the Defendant’s age

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.