The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The victim's statements that correspond to the facts charged in this case of mistake of facts are specific and consistent so credibility is recognized.

Nevertheless, the court below rejected the credibility of the victim's statement to the effect that the defendant forced sexual intercourse, and found the defendant not guilty of the injury caused by rape among the facts charged in this case.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution) is too uneased and unreasonable.

2. Determination

A. On August 28, 2018, the Defendant, at around 05:00 on August 28, 2018, expressed alcohol at the “F” restaurant located in Gangnam-gu Seoul Metropolitan Government, and conspired with the victim D (at least 35 years of age) to have the victim known of his/her sexual intercourse with the victim’s sexual intercourse.

At around 06:50 on the same day, the Defendant demanded the victim to show the victim after making a shower c, shower c, and coming out of his body in Gangnam-gu Seoul, Seoul, but the victim refused to see the victim's body, "I will tell her," and forced the victim's face to be kid, and forced the victim's face to be kid by drinking, and exceeded the victim's name and kid, and the victim resisted the victim's face by her hand when she re-folds the victim's face with her hand."

Nevertheless, the Defendant assaulted the victim’s right side side, such as cutting off and cutting down trees, and attempted to rape the victim, but tried to commit rape, but the victim did not open the victim’s front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, left door door door door door door door door door door door door door door door door door door door, and then, the victim was forced to receive approximately two weeks medical treatment.

B. The lower court’s summary of the first instance judgment on the Prosecutor’s assertion of mistake is as follows.