The judgment of the first instance shall be reversed.

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

but for three years from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the injury by rape), the Defendant’s statement of the victim that he was raped and injured by the Defendant is not reliable even though he was not guilty of having established a sexual relation with the victim on the day of the instant case, and there is no evidence to prove this part of the facts charged. The Defendant’s assault does not constitute an assault in the crime of rape because the victim’s resistance is considerably difficult or impossible. Nevertheless, the first instance court recognized it and recognized it, thereby adversely affected the conclusion of the judgment by misunderstanding of facts by determining the Defendant guilty of the crime of rape injury as stated in its reasoning. 2) The completion of the first instance judgment of unfair sentencing (two years and six months of imprisonment, and the completion of the sexual assault treatment program) is too unreasonable.

B. According to the records of the prosecutor (the part not guilty in the first instance court), the first instance court rendered a not-guilty verdict on this part despite the possibility of recognizing each of the attempted threat, injury, and assault of this case. Such judgment of the court of first instance contains an error of law that affected the conclusion of the judgment by mistake of facts.

2. Determination:

A. Before the judgment on the grounds for appeal ex officio, as to the facts charged as to the injury inflicted by the prosecutor in this court, the name of the crime is changed to "violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.)" from the first "injury" as "Article 257 (1) of the Criminal Act" and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as "Article 257 (1) of the Criminal Act". As to the facts charged in this part of the charges, the first instance court applied for amendments to a bill of amendment to a bill of amendment to add "a dangerous object" in front of "fluoring a cigarette" among the facts charged in this part, and this part is changed to the subject of the judgment by this court. The remaining judgment of the first instance and the concurrent relation between the former part