The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. This part of the grounds for appeal by the defendant of mistake of facts may result in the issue of fact-finding as to whether the defendant's act in the indictment is one or two individuals, as followed.

The lower court recognized the establishment of the crime of bodily injury resulting from rape as stipulated in Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) with regard to one of the facts charged in the instant case and the applicable provisions of this Act.

However, the defendant's act should be classified into the defendant's act of assaulting the victim's residence at around 04:0 to 05:00, and the act of assaulting the victim's attempt to commit indecent act by force, and the defendant's act of assaulting the victim at around 07:0 to 07:20.

In addition, the former's act constitutes a crime of attempted indecent act by compulsion under Article 3 (1) of the Sexual Violence Punishment Act, and the latter's act constitutes a crime of causing rape under Article 9 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter "Juvenile Protection Act").

Therefore, the court below erred by misapprehending the legal principles as to the number of crimes or applicable provisions of law, thereby finding the facts charged as one of the former act and the latter act as one of the latter act, and applying the aforementioned charges to the rate of injury or injury resulting from a residential intrusion or rape under Article 8(1) of

B. In light of the legal principles as to injury, a snife room which requires treatment of the victim for about two weeks is naturally cured, and it cannot be readily concluded that the fnife room also occurred in the glass angle and that it was extremely minor or assaulted. The injury inflicted on the victim does not fall under the crime of injury resulting from intrusion upon residence or rape as provided by Article 8(1) of the Sexual Violence Punishment Act.

C. Under the influence of alcohol at the time of the instant crime, the Defendant was unable to discern things or make decisions.

Unfair sentencing.