The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged, did not dispute the issue of charges with the victim, and did not open the victim to the room next to the Kabter, and only 3 to 4 times the victim’s clothes were sent by hand, and did not look at the victim’s face or did not look at the victim’s face, and there is no fact that the victim injured the victim to the extent that medical treatment for at least 17 days is needed.

Therefore, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, comprehensively taking account of the evidence duly adopted and examined by the court below, in particular, the defendant's statement in the court below (a confession of all the facts charged), the police statement in the victim D (Evidence No. 43-46 pages), and the record of release from entrance [Evidence No. 148-191 of the evidence (the victim was escorted to the emergency room in the Hanyang University University Hospital, July 22, 2007, immediately after the crime of this case) and was hospitalized for 17 days until August 7, 2007, after receiving the diagnosis of injury as stated in the facts charged. At that time, the victim stated that "the victim was assaulted to any person who is not aware of the facts charged, and sustained the above injury"]. The defendant can be recognized as having inflicted injury to the victim, such as the victim's face and her chest at least 17 days when she was sent back to the victim.

Therefore, the judgment of the court below to the same purport is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful argument of sentencing, the Defendant committed the instant crime.