The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for three months.

1. Summary of grounds for appeal;

A. Defendant A1 recognized most of the facts that the Defendant committed the same act as the facts stated in the facts constituting the crime in the judgment of the court below, but even though the victim’s strict scambling did not result from the Defendant’s act, the court below found Defendant guilty of all the facts charged of this case. The court below erred in the misapprehension of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too inappropriate.

2. Determination

A. The lower court’s determination on Defendant A’s assertion of mistake of facts 1) In full view of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, the lower court found Defendant A guilty of the instant facts charged.

The decision was determined.

(1) A victim B shall make statements in compliance with the facts charged specifically and consistently.

At the time of the initial mobilization of the police, the victim made a statement to the effect that the victim did not resist the pain but did not resist the pain at the time of the initial mobilization of the police. After becoming aware of the abstinence in the treatment process, the victim made a statement specifically specifying the damaged parts. In light of the above circumstances, it cannot be deemed that the victim’s statement is inconsistent.

② G made a statement to the effect that “I am sick, because I am, I would like to have the left bridge while following the detailed attitude from the waves. I stated that “I am in the situation of the victim’s go beyond, I would like to say I would like to be compatible with the facts charged.”

In light of the above witness's attitude to make a statement from an investigative agency to the court of the court below, each of the above witness's statements is reliable, and there are no circumstances that the witness can make a false statement.

(3) The contents of a medical certificate for the victim are consistent with the part and degree of the injury of this case, and the medical record paper and the nursing record paper.