The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

For the defendant.

1. The sentencing (five years of imprisonment) of the lower court is too unreasonable;

(1) The defendant's assertion of mistake of facts and misapprehension of legal principles are also included in the grounds for appeal, but the appellate court prior to the remanding of the case has withdrawn his argument as to the grounds for appeal.

In the appellate trial prior to remand the case, the prosecutor tried to change the part of the indictment to “the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)” to “the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)”, and the applicable provisions of the Act pursuant to Article 8(1), 15, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 297 of the Criminal Act, “Article 15, 3(1), Article 319(1), and Article 297 of the Criminal Act” to “Article 15, Article 3(1), Article 319(1), and Article 319(1), and Article 297 of the Criminal Act” to “the defendant tried to change the part of the indictment to the victim’s residence or to make it impossible for the victim to resist.”

Therefore, the judgment of the court below cannot be maintained as it is.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal, on the ground of ex officio reversal.