The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

. against the Defendant.

1. Summary of grounds for appeal;

가. 피고인 겸 피부착명령청구자 1) 사실오인 주장 피고인 겸 피부착명령청구자(이하 “피고인”)는 피해자를 강간하려고 식당 출입문을 잠그거나 피해자의 손목을 잡아 식당 내실로 끌고 들어간 사실이 없고, 피해자의 목을 조르고 얼굴을 폭행하며 강간을 시도한 사실도 없으며 피고인이 피해자를 �아나간 사실이 없음에도 불구하고, 원심은 사실을 오인하여 공소사실을 유죄로 인정하였다. 2) 양형부당 주장 원심이 피고인에 대하여 선고한 형(징역 5년)은 너무 무거워서 부당하다.

B. A prosecutor 1) misunderstanding of facts and misunderstanding of legal principles: (a) although the Defendant’s first entering a restaurant had no intent to rape the victim at the time of entering the restaurant, and the Defendant’s act of entering the room used by a victim other than a restaurant by committing a crime, such as a sudden rape, upon the victim’s request for returning home from the victim; and (b) constitutes an act against the victim’s explicit or presumed intent and detrimental to the victim’s peace and peace in his residence, the lower court erred by misapprehending the facts and misapprehending the legal principles on entry into the place of residence, thereby acquitted the Defendant of the injury caused by rape; and (c) thereby, was unreasonable.

2. Determination

A. In the judgment of the court below, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above argument in the judgment "the judgment on the defendant and his defense counsel's assertion" with detailed explanation of the defendant's and defense counsel's assertion, and in comparison with the evidential materials, the judgment of the court below is just and acceptable.

In addition, the following circumstances acknowledged by the evidence adopted and examined by the lower court and the lower court, i.e., the Defendant.