The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (two years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

검사 사실오인 강도상해의 점에 관하여, 피해자가 수사와 재판 단계에서 일관되게 가방을 뺏기지 않으려 버텼음에도 피고인이 가방을 잡아당겨 다음 날까지 팔이 아팠다고 진술하고 있고 위 진술의 신빙성이 충분함에도 피고인이 피해자의 가방을 강취하려고 하였음을 인정하지 않은 원심 판단에는 사실오인의 위법이 있다.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Before determining the grounds for appeal by the Defendant and the prosecutor, ex officio, the prosecutor maintained the facts charged of indecent act by force and robbery by force, which are the facts charged by the lower court, as the primary facts charged, and applied for permission to change the applicable provisions of the Act to the same effect as the facts charged as the facts charged below (the reason for the judgment which is written in multiple ways) at the trial, and applied for permission to change the indictment to the same effect as the facts charged (where the offense of robbery by force is not acknowledged among the principal facts charged, the whole facts charged should be recognized as the offense of indecent act by force, which is the ancillary facts charged), and this court changed the subject of adjudication by permitting this.

As examined below, the court below found the defendant guilty of the injury by indecent act, which is the ancillary charge, and judged as not guilty of the charge of indecent act by indecent act and the injury by robbery, which is the primary charge, became unable to maintain any more.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court.

The accused of the injury resulting from robbery among the primary facts charged by the prosecutor in determining the mistake of facts.