The judgment of the first instance shall be reversed.

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

, however, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts (as to the charge of similar rape, which is the ancillary charge of the crime), there is no fact that the Defendant assaulted the victim and committed a similar rape, which puts the sexual organ into his/her resistance against his/her will.

(2) The first sentence of unfair sentencing (three years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. A prosecutor (1) misunderstanding of the legal principles (as to the injury caused by similar rape, which is the primary charge that was found not guilty of the grounds), the defendant was able to have sufficiently predicted that the victim, who was raped by the defendant, was aware that he had fleded in the fear and could have been involved in the accident. Thus, the court of first instance found the defendant guilty of the injury inflicted on the victim by causing similar rape, which is the ancillary charge, and found the defendant guilty of the crime of causing similar rape, and found the defendant not guilty of the injury caused by similar rape, which is the primary charge, on the grounds that the court of first instance found the defendant guilty of only the crime of quasi-Rape, which is the ancillary charge,

(2) The first sentence of unfair sentencing is too uneasible and unfair.

2. Determination:

A. The first instance court’s judgment on the Defendant’s assertion of mistake of facts (1) stated the following circumstances, namely, ① the victim’s first police statement to the effect that “the Defendant was not a victim of assault or intimidation, and did not have a sexual intercourse with the Defendant.” However, since the second police statement, the Defendant committed similar rape in the victim’s resistance after the victim’s assaulted the victim, and the police’s first investigation was conducted once, and thus, the Defendant’s memory was not well known due to the completion of surgery.”