The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

40 hours per the defendant.

1. The court below, within the scope of the trial, rendered a judgment of conviction on the part of the case of the defendant, and rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the request for attachment order was filed, and there is no benefit of appeal as to the part for which

Therefore, notwithstanding Article 9(8) of the Electronic Device Attachment Act, the part of the judgment of the court below regarding the request for attachment order is excluded from the scope of the trial of this court.

2. The decision of the court below on the gist of the reasons for appeal (such as imprisonment with prison labor for three years) is too unreasonable.

3. The judgment of the defendant is that the victim, who was at the workplace, who had conducted camping together, had sexual intercourse with the victim under the influence of alcohol, and the crime is not good.

The victim suffered a considerable mental impulse due to the crime of this case.

In the court of the court below, the defendant abused the characteristics of sexual crimes committed without witnesses, thereby denying and not reflecting them.

As a result, the victim suffered damage that should state his/her damage by rhythizing his/her memory that does not want to leave the court of the court below.

Such damage is a serious damage that is not caused by sexual assault.

Of course, even if the defendant committed a crime, he does not have the obligation to confession the crime, and if he denies the crime, he shall also be fully guaranteed the defendant's right to defense.

However, if the defendant excessively exceeds the legitimate right of defense given to the defendant, and the victim suffers another loss due to the improper exercise of the right of defense, it should be sufficiently considered in determining the punishment of the defendant due to the circumstances after the crime.

The Defendant did not seem to have been aware of having committed a sexual crime during the period of suspension of execution, and again committed the instant crime.

However, the defendant has made a statement after the victim made in court.