The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Of each of the facts charged in this case of mistake of facts, there is no criminal act as described in the facts charged with regard to ① violence, each special intimidation, confinement, and rape, and there is no criminal act as stated in the facts charged. ② In relation to the point of each injury, there is a fact that the victim used the same violence as described in each of the facts charged, but the victim did not have the injury.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for changes in indictment with respect to each of the facts charged of this case, which are "special intimidation" from "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" to "special intimidation", and "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" to "Articles 284 and 283 (1) of the Criminal Act" to "Article 284 and Article 283 (1) of the Criminal Act", and "1. Violence, Violence, etc. Punishment of Violences, etc. (collective weapons, etc.) violation of the Punishment of Violences, etc. Act (collective weapons, etc.)" to exchange them with "1. Assault, etc., and thus, the judgment below

However, the defendant's assertion of misunderstanding of facts is still subject to determination despite the above reasons for ex officio reversal.

B. Examining the evidence duly adopted and examined by the court below in light of the relevant legal principles as to the assertion of mistake of facts, the court below's decision that found the defendant guilty of each part of the facts charged is justified, and there is no error of law such as misconception of facts as alleged in the grounds for appeal.

This part of the grounds for appeal is without merit.

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