The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. The punishment sentenced by the court below (five years of imprisonment) is excessively unreasonable in light of the circumstances against the defendant in light of the gist of the grounds for appeal.

2. Determination

A. An ex officio determination following the amendment of the indictment was made in the trial of the court, and the method of the crime in the table of crime Nos. 1 through 6, 8 through 11 among the facts charged was changed to "the injured party by force such as inserting his/her hands, etc.", and the method of crime Nos. 7 changed to "the act of similarity by force such as inducing the injured party to have his/her sexual intercourse" (in light of the applicable provisions of the indictment and the facts charged, the prosecutor seems not to institute a prosecution against the accused as a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), and the purport of the amendment of the indictment seems to be not to change to the above crime, but to specify the method of indecent act). Since this court changed to the judgment by permission, the judgment of the court below cannot be maintained.

B. Although the Defendant did not assert a mistake of facts as the grounds for appeal against mistake of facts, the court below ex officio examined the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) against Victims E and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (In accordance with the revised indictment in the trial), among the facts charged in the instant case (1) The court below found the Defendant guilty of rape and indecent act as stated in the facts charged by the Defendant by taking into account the Defendant’s legal statement, E’s protocol of statement of police, etc.

(2) In order to establish a judgment of the court for the crime of rape, the perpetrator’s assault and intimidation must be sufficient to make it impossible or considerably difficult for the victim to resist, and the assault and intimidation shall be resisted by the victim.