The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

information about the defendant for five years.

Summary of Grounds for Appeal

Defendant

The defendant alleged misunderstanding of facts or misunderstanding of legal principles (the criminal facts part of Paragraph (1) in the original trial) has committed a crime against the victim's residence with the intention of rape, such as the crime of Paragraph (1) at the time of the original trial, and there was a fact that he gets involved in the victim's house room in order to steals the victim living in the next house, and entered the victim's house room, thereby preventing the defendant from suffering losses and requesting the victim to find the defendant and find the defendant.

(A) The Defendant asserted that he was aware of the fact that he did not open a door by locating and wrapping the door for the reason of appeal that he did not open the door, and that he was able to enter the house of a neighboring family into the house of a victim. However, the Defendant withdrawn it, but again filed a change to that effect on the third trial day of the trial. Even if it is so, the injury suffered by the victim is insignificant and thus does not constitute an injury to the crime of rape.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case is unlawful.

In light of the fact that the defendant has no record of criminal punishment for sexual assault crimes, the punishment imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.

In light of the fact that the prosecutor (unfairness) is the victim of the punishment against the defendant, the sentence imposed by the court below against the defendant is too uneasible and unfair.

However, according to the evidence duly adopted and examined by the court below, whether the defendant can be admitted to the charge of rape (the first crime in the judgment of the court below) against the mistake of facts or misapprehension of legal principles of the defendant, the following circumstances, i.e., ① the victim was frequently difficult in the defendant and corridor, etc. living around the usual family.