The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.

A defendant shall be punished by imprisonment for eight years.

Summary of Grounds for Appeal

A mistake of facts or misapprehension of legal principles (the injury caused by rape in the first judgment) and a person subject to a request to attach an attachment order (hereinafter referred to as "defendants") do not have any assault and threat of the victim, and there is no sexual intercourse with the victim itself.

In addition, the injury suffered by the victim is not caused by the act of the defendant.

Nevertheless, there is no error of misunderstanding of facts or misunderstanding of legal principles in the first instance judgment recognizing the Defendant’s injury resulting from rape.

The punishment sentenced by the judgment of the court below on unfair sentencing (the first judgment of the court on the grounds of unfair sentencing: seven years of imprisonment, etc., and one year and six months of imprisonment, etc.) is too unreasonable.

The defendant filed an appeal against the judgment of the court of first and second trials on the part of the defendant's case, and this court decided to consolidate the above appeal cases.

Since each crime of the judgment of the court below is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance and the judgment of the court of second instance

However, despite such reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

On January 2, 2019, the summary of the facts charged in this part of the judgment of mistake of facts or misapprehension of legal principles was around 22:55, the defendant, at the defendant's house located in Suwon-si BEBF, taken the victim BD (name, leisure, 28 years old) under the influence of alcohol into the defendant's house, and the victim went out of the victim's clothes, and opened as soon as the victim's chest.

Therefore, the victim shacks the Defendant, tightly sound, and resists the Defendant. However, the Defendant spawn the victim’s resistance, such as: (a) the victim’s two arms can not be separated from one another; (b) the victim’s body can not be divided into one another; and (c) the victim’s body could not be separated into one another; (d) the victim’s resistance