The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

압수된 힙섹 1개(증제1호), 비닐끈...

1. Summary of grounds for appeal;

A. The statements made by the victim of the facts charged in this case of mistake of facts are inconsistent and inconsistent with each other, and the victim made a statement more and more pleasy as the victim made a statement again. The defendant is guilty on the basis of the statements made by the victim with no credibility, even though he did not have any act such as intimidation, rape, indecent act by force, etc. with a deadly weapon as stated in the facts charged in this case.

B. The sentence imposed by the lower court (seven years of imprisonment, etc.) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances, the lower court found the victim’s statement, the most important evidence of the facts charged, as the facts charged, guilty in all of the facts charged.

(1) As to the circumstances of possession of a deadly weapon, the Defendant thought that a sub-lease that includes excessive, kniff, work schedule, etc. had been carried out by the wife upon the request of the wife for divorce, and stated that the victim did not have used it by being able to kill himself/herself. However, the Defendant voluntarily set up a transition at a conspicuous place in the vehicle during the crime period and entered the Kel as stated in paragraph (4) of the judgment of the court below that he/she continued to get a sub-lease even when he/she went into the Kelel as stated in paragraph (4) of the judgment of the court below. This is due to the circumstance that the Defendant continued to have been able to receive more food and excessive charges, not to the passive level that the Defendant continued to have failed to set the excessive amount.

Shed victim's statement has been obtained through very specific and biological experience that is impossible to make a statement without direct experience of damage, and in particular, the contents of the crime Nos. 4 and 5 in the judgment of the court below contain too scientific and unique facts, and thus the victim is able to see the defendant.