The conviction part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Each sentence of the lower court (No. 1: imprisonment with prison labor for 1 year and 4 months, and 2: imprisonment with prison labor for 1 year and 1 year) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (Rape among the judgment of the court below of first instance, and use of psychotropic drugs on February 8, 2014) the victim could not clearly understand the fact of sexual assault from the beginning by drinking and phiphones, a partial change in the statement made at an investigation agency upon the Defendant’s request, and a part of the statement made at the investigation agency was made after having been discharged from the toilet, and the part of the statement that lost the mind after having been discharged from the toilet was consistent, the victim’s statement was rejected even though it was difficult to readily deny the credibility of the victim’s statement, and the judgment of the court of first instance that acquitted the victim of this part of the facts charged was erroneous. 2) The judgment of the court of first instance, which acquitted the defendant of unjust sentencing (the remaining guilty part of the judgment of the

2. Determination

A. After completing a separate hearing with respect to the Defendant, the first instance court rendered a judgment of innocence as to rape, use of psychotropic drugs on February 8, 2014, conviction as to the remainder of the facts charged, and the second instance court rendered a judgment of conviction as to all the facts charged.

Since then, the defendant appealed against the judgment of the court of first instance, and this court decided to hold a joint hearing of the above appeal cases.

Each of the offenses in the judgment of the court below which found the defendant guilty shall be sentenced to a single punishment if the judgment is rendered concurrently in the concurrent offense relationship under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

However, even if the judgment of the court of first instance has the above reasons for reversal of facts in the judgment of the court of first instance and the judgment of the court of second instance, the prosecutor's assertion of mistake concerning the acquittal is still subject to the judgment of this court.

(b) 1.