The judgment below

The guilty part and the dismissed part of the prosecution are reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

The court below dismissed the charge of violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. concerning guilty of rape, violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation) and violation of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence among the facts charged in the instant case.

On the other hand, the defendant appealed to the guilty part and the prosecutor appealed only to the part other than the violation of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and the violation of the Act on Special Cases concerning the Punishment, etc. of Crimes

Therefore, this part is excluded from the scope of this Court's trial.

The summary of the grounds for appeal is as follows: (a) while the defendant misunderstanding the fact that he/she was unable to rape with the victim, he/she was partially off his/her part of his/her clothes and clothes while fighting with the victim, he/she did not intend to rape the victim.

The punishment sentenced by the court below against the defendant (three years of suspended sentence in June) is too unreasonable.

The victim and the J did not have any interference with the prosecutor’s fact-finding [Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Defamation)], and even though the Defendant perceived such fact, the Defendant sent e-mail, as described in the facts charged, merely because the victim and J were in the screen golf course for the purpose of slandering the victim.

Nevertheless, the lower court erred by misapprehending the legal doctrine between the victim and J

B. Even if it was false, the Defendant recognized it.

It is difficult to conclude it.

In light of the above, the judgment of the court below acquitted the defendant on this part, which affected the conclusion of the judgment.

In fact, the victim submitted a mistake or misunderstanding of legal principles (violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc.).