The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

A. (1) In the part of the Defendant case, the Defendant and the person subject to a mistake of facts and the person subject to a request for an attachment order (hereinafter “Defendant”) did not have a sexual intercourse or injury with the victim, as stated in the facts charged, and there was no attempt of coercion, even if there was a sexual intercourse.

The court below found the defendant guilty of the charge of this case by misunderstanding the facts although the insertion of the sexual flag was not made.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. In the part of the attachment order case, the lower court erred by misapprehending the legal doctrine that ordered the attachment of an electronic tracking device, although the Defendant did not prevent the crime of causing rape in the instant case.

2. Determination:

A. As to the assertion of mistake of facts in the part of the defendant's case, the court below judged that the defendant could have suffered bodily injury by rape by forcing the victim to be forced to be off his clothes and inserting his sexual organ at the time of the case, and found the defendant guilty of the facts charged in this case, considering the above judgment of the court below in comparison with the records, the judgment of the court below is justified, and there is no error of mistake of facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

(2) As to the assertion of unreasonable sentencing, the Defendant’s criminal liability is not weak in light of the content of the instant crime, circumstances after the instant crime, and the same criminal records.

However, in light of all the sentencing conditions shown in the argument of this case, including the fact that the degree of injury of the victim caused by this case is relatively not more severe, the court below's punishment is deemed unfair on the ground that the defendant's allegation of unfair sentencing is reasonable, since the court below's punishment is deemed unfair on the ground that it is reasonable.

B. The part of the attachment order case is the evidence duly adopted and examined by the court below.