The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

Without any criminal intent of robbery, the Defendant committed an act of assaulting the victim, such as the record of the crime, suppression of the victim’s resistance, and then putting the victim’s fingers into the victim’s sexual organ. After doing so, the Defendant reported the victim’s bags, and then stolen the wall of the bank, and did not assault the victim from the beginning to force the victim’s property, such as wallets, etc.

Therefore, the crime of similar rape and the crime of larceny or robbery, separate from the establishment of the crime of larceny or robbery, cannot be deemed to constitute a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, etc.). However, the court below found the defendant guilty of this part of the charges as a crime of violating the Act on Special Cases concerning the Punishment,

In light of the fact that the Defendant committed the instant crime by contingently in order to prepare hospital expenses of Dogggggggggggggggggggggggggggggggggggggggggging

Judgment

In relation to the assertion of mistake of facts, unless the defendant makes a confession, the existence of the intention of taking property by force shall be determined by taking full account of the objective circumstances such as the details and contents of the crime, the defendant's speech at the time of the crime, the assault against the victim, intimidation and the seizure of property, and the time and identity of the location.

On the other hand, the commencement of the crime of special robbery is the time of assault or intimidation to the degree to suppress people's resistance with the intent to forcibly take property.

(See Supreme Court Decision 91Do2296 delivered on November 22, 1991, etc.). Examining the following circumstances, which can be seen by the court below based on the evidence duly admitted and investigated by the court below in light of the relevant legal principles, the defendant was the victim as stated in the crime at the time of original trial.