The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are merely assaulting the other victim who was made a brutation and assault of the victim D, and do not cause the death by assaulting the victim to rape. Thus, the crime of death resulting from rape, not the crime of rape, which was found guilty by the first instance court, and the crime of attempted rape, should be deemed only constituted. 2) The defendant with mental and physical disorder was under the influence of alcohol at the time of the crime of this case, and there was no or weak ability to discern things or make decisions.

3) The sentence imposed on the Defendant by the first instance court of unfair sentencing (such as imprisonment with prison labor for a maximum of eight years, short of five years, etc.) is too unreasonable.

(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the defendant was ex officio examined as AE and the defendant was sentenced to an irregular term of punishment by falling under “juvenile” under Article 2 of the Juvenile Act at the time the judgment of the court of first instance was rendered. However, since it is obvious that the defendant exceeded 19 years of age and it was a juvenile under Article 2 of the Juvenile Act, the defendant should be sentenced to a regular term of punishment.

In this respect, the first instance judgment can no longer be maintained.

However, despite the above reasons for ex officio reversal, the defendant's mistake, misunderstanding of legal principles, and the argument of mental or physical disorder is still subject to the judgment of this court.

B. In the first instance court, the defendant and his defense counsel had the same assertion as the reasons for appeal. The first instance court rejected the defendant's assertion in detail under the title "decision on the defendant's and his defense counsel's assertion". This comparison of the first instance court's judgment with records.