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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
Reasons
1. The gist of the grounds of appeal is reasonable to view that the defendant's act of inserting the Taekwondo from the time when the defendant was 20 years of age or older than himself/herself to the relationship between the defendant and the victim, the relationship between the defendant and the victim who had no choice but to make passive resistance at the time of the instant case, the difference between the defendant and the victim's body, the defendant's act of taking the defendant's arms into the victim's clothes and her knife in the victim's clothes by taking the knife inside the victim's clothes, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
Even if the defendant did not involve violence or intimidation against such act,
Even if the victim did not have any excessive act that the defendant gets on the victim's chest, her, and her sexual intercourse, the victim could not resist the defendant's such an act.
In addition, the defendant was aware that he had a clear intention to refuse the victim's act, but he had the intention to commit a similar rape in that he knows her her her her, but her her her her but her her but her her but her,
Nevertheless, the lower court erred by misapprehending the legal doctrine on the facts charged of this case where the Defendant committed similar rape.
2. An ex officio prosecutor found the Defendant not guilty of the facts charged regarding the similar rape of this case at the appellate court, and applied the name of the offense in preliminary charges, “indecent act by compulsion”, “Article 298 of the Criminal Act”, “Article 298 of the Criminal Act”, and “application for changes in indictment to which the facts charged are stated below.”