1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3.Provided, That this ruling shall have become final and conclusive.

1. Summary of grounds for appeal;

A. The misunderstanding of the legal principles or mistake of the fact that the victim was raped three times from the defendant and sustained injuries in the course of the rape.

Although the statement was made, it did not know about the physical characteristics of the defendant or whether or not there was any insertion of the sexual organ, and it did not clearly state whether or not there was any insertion of the sexual organ, and the sperm or DNA was not detected within the nature of the victim.

In addition, there is no clear evidence that the injury of one victim is caused by the defendant's act.

However, the lower court found all of the primary charges of this case guilty on the basis of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the legal doctrine or misunderstanding of facts.

B. The lower court deemed that the Defendant was physically and mentally weak, but the Defendant was a disabled person with intellectual disability 2, and the Defendant did not have the ability to discern things or make decisions at the time of committing the instant crime.

(c)

The punishment of the court below (two years and six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant could sufficiently recognize the fact that the Defendant raped the victim and inflicted bodily injury on the victim during that process.

(1) A victim was raped or injured by rape from the defendant three times from an investigative agency to the court below's decision.

The statements are consistently made.

In the prosecutor's office and court of the court below, the victim inserted the victim's sexual organ into the victim

Although there is no express statement, “the defendant has formed it” or “the relationship.”