A. In the course of a dispute between the victim and the victim, the victim tried to deprive him/her of his/her dignity in the floor of his/her defense, and the victim was deprived of his/her hands on the day he/she gets his/her hand during the process of the dispute, and the victim only fighted with the victim in the course of the dispute, and tried to be out of his/her will.

No one shall have committed sexual assault against the victim or the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, ① the victim has consistently stated the same facts charged at the prosecutor's office and court of original instance as the facts charged. ② At the time of the investigation by the prosecutor's office, E, his dependent, was exempted from the victim's inside at the time of the crime of this case. When the defendant and the victim were fighting, the victim was suffering from the victim's knife part at the time of the crime of this case, and the victim made a statement at the prosecutor's office that the victim was flife, and the victim was flickly flife, and the victim was flicked with the victim, and the victim was flickly flifeed, and the victim was flick, so the defendant again flickd with the victim's head, and the victim was flick at the time of the crime of this case and flick flurd with the victim's chest.