The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant committed an indecent act by force against the victim by carrying the kitchen knife after rape of the victim. Each such act constitutes a crime of rape, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special indecent act by force), a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment, etc. of Sexual Crimes) and a concurrent crime under the former part of

Nevertheless, the court below held that each act of the defendant constitutes a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) with a higher statutory penalty, and such judgment of the court below is erroneous or erroneous

B. When committing the instant crime, the Defendant committed the instant crime under the influence of alcohol at the time of committing the instant crime with weak capacity to discern things or make decisions, but the lower court did not reduce due to mental or physical disability.

C. The sentence imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. In relation to a mistake of facts or misapprehension of legal principles, the consequences of ideas include cases where an act of sexual intercourse occurred from itself or violence used as a means of rape, as well as cases where an act resulting from rape was committed.

(2) The court below's judgment on January 12, 1995 and Supreme Court Decision 2007Do10120 Decided February 29, 2008). According to the evidence duly admitted and examined by the court below, as stated in the facts constituting a crime in the judgment below, it is recognized that while the defendant had sexual intercourse with the victim by assaulting the victim, the victim resisted against the victim, again the victim, brought about a kitchen knife and threatened the victim with his sexual intercourse, and caused the victim to be promptly injured by assaulting the victim. Thus, the progress of the crime in this case and each act at the time difference.