The judgment below

The guilty portion shall be reversed.

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

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of the suspended sentence of ten months) is too unreasonable.

B. Prosecutor 1) The victim misunderstanding the facts was a sexual intercourse that was not original by assault or intimidation of the defendant at an investigative agency up to the original trial.

The statement has credibility in the victim's statement.

Nevertheless, the judgment of the court below that acquitted the facts charged of rape is erroneous.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination:

A. A. An ex officio determination prosecutor: “Distribution on April 6, 2017” among the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.) was made in the first instance; and “Distribution on April 6, 2017” was made.

“The provision was made.”

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this, thereby changing the subject of the adjudication.

As such, insofar as one sentence is pronounced in a concurrent crime relationship under the former part of Article 37 of the Criminal Act with the changed subject matter and the remaining conviction, the entire conviction portion of the judgment of the court below cannot be maintained.

B. The lower court, based on the evidence duly admitted and investigated by the prosecutor, found that the Defendant had sexual intercourse with the victim by exercising the force of force against the victim’s will to a certain extent. However, the evidence alone submitted by the prosecutor alone, which makes it impossible or considerably difficult for the Defendant to resist the victim, thereby committing rape.

It is insufficient to recognize the facts charged for rape, and it is found that there is no other evidence to acknowledge the facts charged for rape.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable.