The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. As to the facts constituting the crime of paragraph 2 of the judgment of the court below, the defendant did not incur a ductal injury to the victim.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too heavy.

2. We examine ex officio prior to the judgment on the above reasons for appeal.

With regard to the assertion of mistake as to the above facts by the defendant at the trial of the party, the prosecutor applied the name of the crime in the indictment in this case to "violation of the Punishment of Violences, etc. Act (joint injury)" in "Article 2 (2) and (1) 3 of the former Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as "Articles 262, 260 (1) and 257 (1) of the Criminal Act" in "Article 262, 260 (1) and Article 257 (2) of the Criminal Act." The part of "violation of the Punishment of Violences, etc. Act (joint injury)" in the indictment No. 2 of the facts charged is "a assault injury," and "the victim resisted by the defendant, who caused the defendant to fright by drinking, damaged the victim's face by exceeding the bottom of the second floor and damaged the victim's bones to the right hand over 5 weeks.

“The victim resisted against the victim, and the Defendant was satisfed by drinking the victim’s face at several times, set up against the Defendant, and went beyond the floor with the victim who fightingd with the Defendant and his body, and caused the victim to suffer injury, such as cutting down the upper part of the land to the right side of the land substitution which requires treatment for about four weeks, and transforming the land to the right side.

“The Defendant, in collaboration with D and E, thereby inflicting bodily injury on the victim, and threatened the victim with intimidation, but the victim resisted the money and valuables, and attempted to escape from the police as it is, and attempted to commit an attempted crime.

“The Defendant, thereby, tried to commit assaulting the victim to inflict an injury on the victim, and threaten the victim by threatening the victim jointly with D and E, but the victim resisted to commit money and valuables, but at the police.