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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
For a period of 10 years, disclosed information on the accused.
Reasons
1. Summary of grounds for appeal;
A. The Defendant could not have predicted that the victim would suffer injury.
B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.
C. The lower court’s sentencing (10 years of imprisonment, 10 years of disclosure notification order) is too unreasonable.
2. Determination
A. The judgment of the court below and the evidence adopted by the court below as to the assertion of misapprehension of the legal principles are as follows: ① the defendant knife the knife in the crime of this case with the victim's knife or with knife knife, and threatened the victim several times, and ② the defendant had extreme fears of the victim by stating that "the victim" was "the victim's knife," ② the victim was soon sexual intercourse with the victim's knife and knife the victim's knife, such as study, sexual crime, etc., before the victim's knife, and had the victim sexual intercourse with the above victim again, even before knifeing, before knifeing, the defendant continued to have sexual intercourse with the victim at the time of rape, and the defendant still did not have his house at the scene of rape with the victim's knife at the risk of rape and rape as above.