The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 100 hours.

Summary of Grounds for Appeal

Although there was a fact that the defendant, at the time of the original adjudication, misunderstanding of facts and misapprehension of legal principles (in the case of the original adjudication, the crime of paragraph (1) (the crime of rape) was lying on the bed, and sponsed on the bed and sponsed on the bed on the bed, the defendant did not intend to rape at the time, and there was no fact that the defendant threatened the victim as described in the crime of paragraph (1) at the time.

Even if it is recognized that the Defendant had the intent to rape, it is insufficient to recognize that the wife suffered by the victim caused the rape only by the medical certificate prepared ten (10) days after the date of the crime in this case, and there is no other evidence to acknowledge it. Thus, the crime of attempted rape is established in relation to the Defendant’s rape.

Nevertheless, the lower court found the Defendant guilty.

The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental disability.

In light of the fact that the rape of unfair sentencing was committed, the punishment imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts and misapprehension of legal principles in the court below, the defendant argued that this part of the grounds for appeal are the same, and the court below held that ① the victim has consistently and specifically stated the fact of damage from the investigative agency to this court, ② the victim’s body after each crime of this case was taken, the victim’s body was seriously flickly flicked, such as the victim’s neck, arms and legs, ③ the defendant was taken out against the victim’s will, taking full account of the motive for the crime of this case, circumstances leading up to the crime of this case, the defendant’s behavior at the time of the crime, and the situation at the time of the crime.