The judgment below

The part of the defendant's case shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of four years and six months, and by imprisonment with prison labor of two months.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding a prosecuted case against Defendant A, and regarding a request for probation order, with respect to a prosecutor’s request.

Notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no benefit in appeal regarding the part of the claim for probation order, since only Defendant A appealed against this, this part is excluded from the scope of judgment in this Court (see, e.g., Supreme Court Decision 82Do2823, 82Ga611, Jan. 18, 1983). 2. Summary of the grounds for appeal

A. Defendant A1) misunderstanding of facts (the violation of the Act on Special Cases concerning Rape, Similar Rape, the Punishment, etc. of Sexual Crimes (the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and confinement). The victim voluntarily saw that he/she did not enter his/her house, and expressed his/her motion picture in front of the vehicle in front of the Defendant, and the victim taken pictures as if he/she was rape in the vehicle and made a similar act and sexual relationship in agreement with the victim and taken the process into a cell phone. The judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts. 2) The punishment (five years of imprisonment, eight hours of completing sexual assault treatment programs, five years of employment restriction on welfare facilities for the disabled, such as children and juveniles-related institutions, etc.

B. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

3. Defendant A

A. We examine ex officio the defendant's ex officio decision on the grounds for appeal regarding similar rape prior to the judgment on the grounds for appeal.

On December 22, 2018, the Defendant, at around 05:16, at the rear seat of his own vehicle, set up at the entrance of the F-gu Nam-gu, Daegu-gu E, in order to intimidation the victim, such as “ice, ice, tin. I can see it immediately. I am hyd. I amh. Before this hand. I amh. I amh.).”