The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding and misunderstanding of the legal principles (violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) recognized by the lower court) did not commit assault or rape against a victimized person, such as a criminal fact on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) as indicated in the lower judgment ( there is no factual relation with the injured person). Nevertheless, the lower court, on the basis of the victim’s statement that is not reliable, has invaded upon the victim’s residence and raped the victim.

In this case, the court below erred by misunderstanding the facts and misunderstanding the legal principles which affected the conclusion of the judgment.

2) The punishment sentenced by the lower court to the Defendant (the completion of a sexual assault treatment program with a prison term of five years and eight hours) is too unreasonable.

B. A prosecutor 1) According to the statement of the victim misunderstanding the facts and misapprehension of the legal principles (not guilty part - violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) ], the defendant intrudes the victim's residence, thereby leaving the victim off the clothes in whole, by threatening the victim's head, body body, etc., by infusing the victim's body, and threatening the victim, by threatening the victim, and leaving the victim off the clothes in part, the part of the victim's body, etc., and the arms and arms, the part of the victim's body, which is a dangerous object, can be taken off, once again the victim's telegraph is taken off from the victim's room, and then inserting the victim's finger by inserting it into the part of the victim's drinking part

It is possible to recognize the fact that the victim has sexual intercourse with the victim while taking a bath, let the victim take a smell, assault the victim continuously, and make the victim take a part in the bed, and then sexual intercourse with the victim.

In light of the above series of acts by the defendant, from the time when the defendant inflicts an injury on the victim, there was a criminal intent to rape against the defendant.

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