The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. In relation to the robbery of the victim I by mistake of fact (the crime committed in 2015 Gohap 418 in the judgment of the court below), the defendant, while intending to obtain tobacco from the victim, went to prevent the fighting from fighting with a view to preventing the fighting. The defendant used the fighting with a view to driving away from the victim and against the wind of the defendant, and did not commit a theft or injury on the part of the victim.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The Defendant, who has not been physically and mentally weak, was in a state of mental and physical weakness due to a mental illness where he was suffering from ordinary peace and injury due to robbery against the victim E and quasi-aggravated rape (the crime of 2015 Gohap323 in the judgment of the court below).

(c)

The punishment sentenced by the court below (12 years of imprisonment, 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, it is recognized that the defendant stolen the victim I's wall, and then inflicted an injury on the victim for the purpose of evading the above victim's arrest.

The judgment of the court below to the same purport is just, and the defendant's misconception of facts is without merit.

Victim I, from the investigative agency to the court of the court of the court below, she saw that any Gun, who gets off the wallet from the back money to the back of the court of the court of the court of the court below.

He/she tried to get his/her face and surroundings in several times.

“A relatively consistent statement is made to the effect that “.”

Although it seems that the victim I was under the influence of alcohol at the time of the crime, the fact that the offender was a male or the backer of his own.