The guilty portion in the judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The srench of seized 쇠 materials.

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court to the defendant (one year of imprisonment, etc.) is too unreasonable.

B. A prosecutor 1) According to the consistent statement of the victim of mistake of facts (not guilty part), even though the defendant could sufficiently recognize the fact that he raped the victim and threatened the victim by using knife, the first instance court erred by misunderstanding the fact that he/she acquitted all of this part. 2) The sentence imposed by the first instance court of unreasonable sentencing is too uneasible and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts, the first instance court recognized the facts in detail under the title of "not guilty part", and determined that it is difficult to see that the victim rapes the victim after entering the defendant's house and making a consistent statement about the process of ordering coffees in multiples, and that the victim did not make a consistent statement about the circumstances at the time of rapes. On the other hand, the defendant does not make a consistent and concrete statement about the second sexual relationship with the victim on the instrument, situations at the time of sexual intercourses, conversations between sex relations, situations at the time of sexual intercourses, and circumstances at the time of the victim's sexual relationship, etc., considering that the victim's statement alone is consistent and detailed, it is difficult to see that the victim abused the victim and rape the victim. Considering the records of this case closely examination of the evidence of this case, the first instance court's judgment on the charge of rape, etc. is justifiable, and there is no error in the misapprehension of the Punishment of Violence Act, etc. against the defendant.