Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that the Defendant alleged misunderstanding of facts and misapprehension of legal principles only occurred in a divorce state in the form of the victim, that the ordinary defendant was frequently exposed to the victim's house, and that the Defendant was aware of the victim's house password, etc., the Defendant cannot be deemed to have infringed upon the victim's house because he entered the victim's house with the victim's explicit or implied consent. Since the injury inflicted upon the victim due to the instant crime is naturally cured in a minor state that may occur in daily life, it is difficult to view that the injury in the crime of rape injury is a crime of rape. Nevertheless, since the lower court convicted all of the facts charged, the lower court erred by misapprehending of facts and misapprehending of legal principles that affected the conclusion of the judgment. 2) The Defendant claiming mental and physical disability was in a state where the Defendant was in lack of the water surface at the time of the instant crime, and was in a state where he lacks the ability to discern things or make decisions

Nevertheless, the lower court recognized the Defendant as having committed it in a normal state, thereby having affected the conclusion of the judgment.

3) The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable and unfair. B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2 It is unreasonable for the court below to exempt the defendant from the disclosure and notification order, even though there are no special circumstances that may not disclose or notify the defendant's personal information of the improper grounds for exemption from disclosure and notification order.

2. Determination

A. Determination of the lower court on the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine 1) The lower court’s determination was duly adopted and investigated by the lower court.