The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Judgment on the Reasons for Appeal

A. Summary of the grounds for appeal 1) Mental and physical disorder of the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”): At the time of the instant crime, the Defendant was in a state that the Defendant had no or weak ability to discern or make decisions on the subject matter due to the principal action.

B) Improper sentencing: The sentence of the lower court (three years of imprisonment) is too unreasonable.

2) Fact-finding misunderstandings: The lower court erred by misapprehending the fact that the Defendant was not guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on the ground that it was not proven that the Defendant had a criminal intent to commit rape even though the Defendant had sufficiently recognized the criminal intent to commit rape, and thereby affecting the conclusion of the judgment.

B) Improper sentencing: The lower court’s sentence is too unfortunate and unreasonable.

B. 1) The lower court acquitted the Defendant of the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on the ground that the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant was proven to the extent that there is no reasonable doubt as to whether the Defendant had intended to rape the victim, considering the circumstances acknowledged by the evidence in its holding.

B) Examining the reasoning of the lower judgment in comparison with the record, the lower court’s judgment is just and acceptable, and there were errors by misapprehending the facts as alleged in the grounds of appeal and affecting the conclusion of the judgment.

subsection (b) of this section.

2) In light of the circumstances revealed in the record, such as the background leading up to the Defendant to the instant crime, the conduct of the Defendant at the time of the instant crime, and the circumstances after the crime, the Defendant did not have the ability to discern things or make decisions due to the main activity at the time of the instant crime.