1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten years;

3. Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have any her chest on June 10, 2015, and the Defendant did not have any intention to commit an indecent act as to whether he/she had the victim’s chest, as he/she was strokeed so that he/she could not conceal the victim, thereby having the Defendant committed an indecent act as to whether he/she had been engaged in an indecent act in order to secure the victim’s respiratory and to escape blood circulation.

B. On June 6, 2015, the Defendant was in a mental and physical weakness by drinking alcohol at the time of committing a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Punishment, etc. of Sexual Crimes.

(c)

The punishment of the court below (15 years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal principles, the Defendant asserted the same purport as the grounds for appeal in this part in the lower court’s judgment, and the lower court rejected the Defendant’s allegation on the ground that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the victim’s legal statement can be sufficiently reliable, and in addition to the aforementioned evidence and related legal principles, the Defendant’s attempted to kill the victim after forcing the Defendant to commit an indecent act and thereby, it can be sufficiently recognized.

① On June 10, 2015, the first public prosecutor indicted the Defendant on the charge of committing a crime that he/she attempted to murder a victim, and consented that the Defendant may use as evidence all evidence for all the evidence submitted by the public prosecutor, making a net confession from this court.

In such a situation, the victim expressed his/her intention to directly testify on the specific circumstances at the time of the crime of murder through the attorney-at-law, and the objective facts at the time of the murder by attending the court of the original instance.