1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of two years and six months;

3. Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Under an agreement with the victim of a mistake of fact, the defendant only committed a sexual intercourse and did not commit assault or intimidation to the victim, thereby committing rape or causing injury to the victim in the course of such rape.

The injured party only caused the misunderstanding that the defendant tried to take photographs on a mobile phone in the course of sexual intercourse with the defendant, thereby having gone through the process.

Nevertheless, the court below found the defendant guilty on the sole basis of the statements made by the victim who is difficult to ascertain the facts. The court below erred in misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (a maximum of three years of imprisonment, a short of two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio on the grounds of appeal by authority, the Defendant, as S. and the Defendant, was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but the Defendant became adult at the time of the trial, so the judgment of the court below that sentenced the Defendant not to be sentenced

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below, despite the above reasons for ex officio reversal.

B. On the ground of the legal principles and circumstances stated in its holding, the lower court rejected the Defendant’s assertion of mistake on the ground that the Defendant had asserted the same purport as that of this part of the grounds for appeal, and that there was sufficient recognition that the Defendant raped the victim by suppressing the victim’s resistance and inflicted bodily injury on the victim during that process.

In light of the following circumstances as revealed by the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just and acceptable, and it is alleged by the defendant.