The judgment below

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

A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant.

The court below rendered a judgment to dismiss the prosecutor's request with respect to the part of the defendant's case and the part of the case for which the request for attachment order was filed. Since only the defendant appealeds against the defendant, the part of the case for which the request for attachment order was filed does not have any interest in appeal and Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, this part shall be excluded from

Summary of Grounds for Appeal

In addition, the defendant cannot be deemed to have exercised the force sufficient to make it impossible or considerably difficult to resist the victim merely by taking advantage of the body of the victim. The fact that the defendant takes the body of the victim with the body of the body of the body of the body of the victim.

In that there was no fixed reaction at the victim's quality content or panty, the defendant cannot be deemed to have inserted his sexual organ into the victim's sexual organ.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in mistake and misapprehension of legal principles.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

In regard to the assertion that there was no "use of force" to establish a mistake of facts and misapprehension of legal principles, whether the perpetrator committed assault or intimidation to establish the crime of rape should be determined based on the specific situation in which the victim was faced at the time of sexual intercourse, by comprehensively taking into account all the circumstances, including the content and degree of the assault and intimidation, the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, and the victim could escape from the scene of the crime before sexual intercourse.

The perpetrator's assault and intimidation is the victim solely on the ground that the victim did not resist due to his/her own force or the victim did not resist.