All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s ground of appeal 1) misunderstanding of the legal principle does not seem to have committed the crime of quasi-indecent act by compulsion of the instant case. (2) The crime of quasi-indecent act by compulsion of the legal principle and attempted rape are in time continuity, and only the crime of attempted rape is established by absorbing the intent of rape. Therefore, only the part of the crime of attempted rape should be determined.

Nevertheless, the court below's decision that found the defendant guilty of the attempted rape and found the defendant guilty of the quasi-indecent act by force is improper.

3) The lower court’s sentence against the Defendant of unreasonable sentencing (including imprisonment for six months, suspension of execution for one year, and forty hours for sexual assault treatment) is too unreasonable. B. Comprehensively taking account of the evidence submitted by the prosecutor, such as the prosecutor’s grounds for appeal (in fact-finding and misapprehension of the legal principle) the victim’s statement, etc., the evidence is sufficiently recognized to the extent that the Defendant is unable or considerably difficult to resist the victim under the criminal intent of rape.

Nevertheless, the lower court’s decision that acquitted the attempted rape is unreasonable.

2. Determination:

A. 1) Examining the Defendant’s assertion based on the evidence duly adopted and examined by the lower court and the lower court, the lower court’s judgment convicting the Defendant of this part of the crime on the same purport is justifiable, inasmuch as credibility exists in the statement of the victim corresponding to the crime of quasi-indecent act by compulsion. The allegation in the grounds of appeal in this part is without merit. 2) In light of the facts charged in the instant case, the Defendant committed an indecent act under the victim’s criminal intent under the indecent act by force under the influence of indecent act by force (a quasi-indecent act by force) while the victim was under the influence of alcohol, and the victim was trying to commit rape by causing the victim’s new criminal intent to commit rape.

(Attempted rape). In such a case, the crime of quasi-indecent act is naturally attempted rape.