The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the part concerning the crime of special confinement) did not allow the victim to take out of the Defendant’s house by threatening the victim, as stated in this part of the facts charged, while showing the knife of the victim as stated in this part of the facts charged. The Defendant only knew with the victim and his neighbors at the time of the instant case in a free atmosphere along with the other facts charged except for special confinement and intrusion upon residence. 2) In light of the fact that the Defendant recognized the remainder of the facts charged except for the special confinement and intrusion upon residence, and the Defendant continued to seek the victim’s letter, and that the Defendant’s health is not good due to a dead body infection, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below found the defendant guilty on this part of the facts charged, but did not recognize the fact that the defendant invadedd the victim's residence against the victim's will due to the circumstance after the crime was committed. Therefore, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment. 2) In light of the fact that the defendant alleged unfair sentencing is the victim who has a mental disorder and the victim was punished with severe punishment and wanted to be punished, the sentence sentenced by the court below is too unreasonable.

2. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the Defendant’s assertion of mistake of facts, namely, ① the victim consistently stated from the investigative agency to the court of the lower court that “the Defendant’s defect he or she intends to drink at the Defendant’s house while showing the knife and failing to do so without his or her consent,” and ②.