The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles did not have any intention to commit robbery, and the Defendant did not commit assault or intimidation to the extent of assault or intimidation against robbery. Thus, even if the Defendant received money from the victim by rape, it is only established without establishing special robbery and only special rape with the victim.

B. The sentence of the lower court (a punishment of eight years of imprisonment, 80 hours of order, 80 hours of order, confiscation) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant also asserted the same as the lower court.

In full view of the legal principles and circumstances of the judgment, the court below recognized the fact that the defendant invadeds upon the victim's residence with robbery, and forced the victim to rape by suppressing the victim's resistance, and by forceing the victim's resistance, and convicted the victim of the charges.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s determination is justifiable, and there is an error of misapprehending the legal doctrine as to the factual mistake or misapprehension

subsection (b) of this section.

Defendant’s assertion is without merit.

B. With respect to an unjust assertion of sentencing, the Defendant invaded upon the house of the victim returned home while ging the subject of the crime in order to force the payment of money and valuables, followed by the following behind the victim returned home, and subsequently raped the victim by threateninging the victim in advance.

In the process, the victim suffered extreme fear and sexual humiliation, and the mental and physical impulse and suffering caused by the crime seems to continue for a long time.

Since the nature and circumstances of the crime are very good in light of the motive, background, means, methods, and results of the crime, the defendant cannot be subject to strict punishment.

However, the Defendant is relatively sincere without any criminal punishment until before committing the instant crime.