The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In light of the aforementioned legal principles, the lower court found the Defendant not guilty of this part of the charges on the ground that the lower court erred by misapprehending the legal doctrine, and by misapprehending the legal doctrine, thereby misapprehending the legal doctrine, even though the Defendant did not have any dangerous object, such as a deadly weapon, as long as the Defendant possessed a deadly weapon, etc., under the intent to use in the commission of the crime.

2) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) provides that “In the event of the instant case, it was difficult for the Defendant to have the same effect as her sexual assault at the time of the instant case to get out of the shoulder,” and considering the time and place of the instant accident, the Defendant’s intent to commit rape should be inferred. However, the lower court acquitted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

B. The sentence sentenced by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unfair.

2. An ex officio determination prosecutor shall keep the facts charged of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) as the primary facts charged, and shall apply the name of the offense in preliminaryly, “Article 342, 334, and 333 of the Criminal Act” under the applicable law, and apply for amendments to a bill of amendment to a bill of amendment with the content of adding the facts charged as stated in the facts charged in the facts charged under the judgment below, and since this Court permitted this, the judgment of the court below shall no longer be maintained.

However, there are such reasons for ex officio reversal.

Even if the prosecutor's assertion of mistake is still subject to a trial of this court, it is examined.

3. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. The appellate court has an impact on the formation of a documentary evidence during the trial process.