The judgment of the court below is reversed.

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

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

(a) not having raped victims E of mistake, but having sexual intercourse under an agreement;

B. The lower court’s sentence of unreasonable sentencing (the imprisonment of one year and six months, the completion of sexual assault treatment programs at 120 hours, and the disclosure and notification of information for five years) is too unreasonable.

2. Determination:

A. Before determining the grounds for appeal ex officio, the judgment of the court below is a crime falling under Article 297 of the Criminal Act, and the statutory penalty for rape is imprisonment with labor for more than three years. Thus, in order to sentence a sentence of less than three years against the defendant, a discretionary mitigation should have been made in accordance with Articles 53 and 55(1)3 of the Criminal Act.

However, the court below sentenced the defendant a year and six months of imprisonment with prison labor, and found the defendant guilty of violating the minimum statutory punishment by omitting discretionary mitigation in the application of the law, and accordingly, the judgment of the court below was no longer maintained.

However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

B. According to the records on the assertion of mistake of facts, the notification of the notification of the trial record on January 14, 2015 to the defendant and the public defender on January 15, 2015 to the public defender on the same month, and the defendant, on January 15, 2015, submitted the statement of grounds for appeal on the grounds of unfair sentencing that "I wish to suspend execution because most of the parties have agreed with the victims," and the public defender on February 13, 2015, respectively. However, the private defense counsel appointed on April 15, 2015, submitted the statement of grounds for appeal to the effect that "I wish to acknowledge all the charges of this case and file an appeal on the grounds of unfair sentencing," which is added to the argument that "the defendant has not raped the victim E" on the 15th of the same month as the grounds for appeal. Accordingly, the above argument is not submitted after the deadline for submitting the grounds for appeal of mistake of facts, and it does not constitute legitimate grounds for appeal.