The judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

. against the Defendant.

1. Summary of grounds for appeal;

A. In spite of the fact that the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) committed a mistake of facts (as to the judgment of the court below of first instance), the court below erred in finding the Defendant guilty of this part of the charges by misunderstanding the fact, although the Defendant did not have tried to rape the victim. 2) The Defendant was in a state of lacking the ability to discern things or make decisions due to shock and compromise at the time of each crime in the judgment of the court of second instance.

3) The punishment (five years of imprisonment) and the punishment (ten years of imprisonment) of the judgment of the court of first instance that sentenced the defendant to an unreasonable sentencing (with respect to the judgment of the court of first instance) shall be too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the court below sentenced the defendant to the judgment after completing a separate hearing respectively. The defendant filed an appeal against the judgment of the court below of first and second, and the prosecutor filed an appeal against the judgment of the court of second instance, and the court decided to concurrently deliberate each of the above appeals cases. The first and second crimes recognized by the court below against the defendant should be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

However, there is reason to reverse the judgment below ex officio as above.

Even if the defendant's assertion of misunderstanding of facts and mental disability is still subject to the judgment of this court, it will be examined.

B. The first instance court denied the Defendant’s charge of injury by rape even in the judgment of the court of first instance, and the first instance court may find out the following circumstances, i.e., the victim at the police and the first instance court’s court, based on the evidence duly adopted and investigated.